Will Your Ex Get a Chunk of Your Federal Retirement? Here’s What You Should Know

Brandon Kimmel
November 14, 2025

Key Takeaways

Divorce can significantly impact your federal retirement benefits, particularly through the division of pensions.
Understanding the rules around the “Court Order Acceptable for Processing” (COAP) is critical to safeguarding your benefits.

Navigating Divorce and Your Federal Retirement

Divorce can be an emotionally draining and complex experience, and when federal retirement benefits come into the picture, it often becomes more confusing. The rules governing the division of federal retirement benefits are distinct from private sector pensions

, so if you’re a federal employee or retiree, it’s crucial to understand how a divorce might impact your hard-earned benefits. While every divorce situation is unique, there are some key factors you need to know.

Can My Ex-Spouse Claim Part of My Federal Retirement?

The short answer is yes, they can. Federal retirement benefits are considered marital property in many cases, which means they can be divided during a divorce. Whether your ex will get a portion of your federal retirement depends on several factors, including the length of your marriage, the state laws where the divorce is filed, and the specifics of your divorce settlement.

Most courts consider federal retirement benefits like the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) to be marital assets. As such, they are subject to division between spouses. It’s important to note that while your pension is at risk, other aspects of your benefits package may be protected, depending on how the divorce decree is structured.

What Is a Court Order Acceptable for Processing (COAP)?

A Court Order Acceptable for Processing (COAP) is a legal document used to divide federal retirement benefits after a divorce. Essentially, it tells the federal government how to allocate retirement benefits between you and your ex-spouse. It’s akin to a Qualified Domestic Relations Order (QDRO), which is used in private sector pension divisions.

The COAP must be approved by the Office of Personnel Management (OPM), which handles federal retirement benefits. If the court doesn’t provide a COAP, your retirement benefits are protected from being automatically split with your ex. However, once this document is issued, it can determine the exact share of your retirement benefits that your ex is entitled to.

How Much of My Pension Could My Ex Get?

The amount of your pension that your ex-spouse can receive depends on the specifics of your divorce settlement. Many divorce settlements allocate a percentage of the federal employee’s pension to the ex-spouse based on the length of the marriage. For example, if you were married for 20 years, and 15 of those years overlapped with your federal service, your ex could be awarded a percentage of the pension based on that ratio.

Typically, the formula for division considers factors such as:

The length of your marriage
The time spent in federal service during the marriage
State laws on the division of retirement assets

Some divorces also involve splitting the Thrift Savings Plan (TSP), which is the federal government’s version of a 401(k). Like the pension, the TSP can be divided between spouses, but the exact amount will depend on the terms outlined in your COAP or divorce decree.

What About My Survivor Benefits?

If you have a pension under the FERS or CSRS programs, you may also have survivor benefits attached to it. These benefits can be awarded to your ex-spouse in the event of your death if your divorce decree specifies it. The survivor annuity is a crucial benefit that allows your ex to continue receiving a portion of your pension even after you pass away.

In many cases, the court may require you to provide a “former spouse survivor annuity” to ensure that your ex continues to receive payments if you die. However, this also reduces the amount of pension you receive during your lifetime, so it’s important to consider the financial implications of this arrangement.

What Steps Should You Take to Protect Your Benefits?

Given the complexities surrounding the division of federal retirement benefits, there are steps you can take to protect your financial interests during and after a divorce.

Hire a Divorce Attorney Who Specializes in Federal Benefits
Federal retirement benefits come with their own set of rules and regulations, and not all attorneys are familiar with them. Make sure you hire someone who understands the intricacies of COAPs and the division of federal pensions.
Understand the COAP Process
A COAP is essential if your ex-spouse is seeking a share of your pension. Ensure that you fully understand the terms of the COAP and how it could affect your future retirement income.
Plan for Survivor Benefits
Survivor benefits can significantly affect your pension. Discuss these options with your attorney to make sure the terms are fair to both parties, especially if you’re planning to remarry or have other beneficiaries in mind.
Consider the Thrift Savings Plan (TSP)
In addition to your pension, your TSP can also be divided during a divorce. Ensure that your divorce decree clearly outlines how the TSP will be split to avoid future complications.
Keep a Close Eye on Your Paperwork
Once your divorce is finalized, keep copies of all court orders, including the COAP. Make sure that OPM receives the COAP and that it’s processed correctly to avoid any surprises when you retire.

What Happens If You Remarry?

Remarriage adds another layer of complexity to federal retirement benefits. If you remarry before the age of 55, your ex-spouse could lose survivor annuity benefits unless your new spouse agrees to waive those rights. It’s important to understand how remarriage could impact not just your own benefits but also the entitlements of your ex-spouse.

Additionally, if you plan to remarry and still want your ex-spouse to retain survivor benefits, you’ll need to make provisions in your new marriage to protect those benefits.

How Does Divorce Impact Health Insurance?

If you’re enrolled in the Federal Employees Health Benefits (FEHB) program, your ex-spouse may lose their coverage after the divorce. However, under the Spouse Equity Act, they may have the option to continue coverage under the FEHB program, albeit at their own expense. Your ex-spouse has 60 days after the divorce to apply for continued coverage under this provision.

It’s important to notify OPM of any life changes, such as a divorce, to avoid issues with your health insurance and to ensure proper coverage for both you and your dependents.

Protect Your Financial Future

Divorce can complicate your federal retirement, but with the right planning, you can minimize the impact. Understanding the role of a COAP, considering survivor benefits, and working with a knowledgeable attorney are essential steps to safeguarding your retirement income. By being proactive, you can protect your financial future and ensure that your retirement benefits are used as intended.

Brandon Kimmel

Brandon Kimmel is a seasoned financial professional dedicated to helping individuals and families achieve their long-term financial goals. With a career spanning over two decades, Brandon has cultivated extensive expertise in a wide range of financial disciplines. He is passionate about providing personalized guidance and developing tailored strategies to address each client's unique needs and circumstances. His commitment to client success is the driving force behind his dedication to continuous learning and staying abreast of the latest industry developments.

Licensed since 2002, Brandon possesses a deep understanding of the intricacies of financial planning. His areas of focus include retirement planning, asset protection and preservation, 401k and IRA rollovers, income planning, life insurance, and estate planning fundamentals. This comprehensive knowledge allows him to offer holistic advice, considering all aspects of a client's financial picture to create a robust and sustainable plan for the future. He believes in empowering his clients with the knowledge and resources they need to make informed decisions and confidently navigate their financial journey.

A resident of Lancaster, California for the past 25 years, Brandon is deeply rooted in his community. He is happily married and a proud father of two children, ages 16 and 18. When he's not working, Brandon enjoys spending time with his family and actively participating in local community events. His commitment to his family and community reflects his dedication to building strong relationships and fostering a sense of trust and collaboration in all his endeavors.