fers retirement classes, fers pre retirement seminars

Divorce and Federal Retirement Benefits: The Surprising Ways a Split Can Affect Your Future Pension

Krista Wilson
October 24, 2024

Key Takeaways

Divorce can significantly impact your federal retirement benefits, including pensions, Thrift Savings Plan (TSP) accounts, and survivor benefits.
Understanding the financial implications of divorce early can help you protect your future retirement security and make informed decisions about your benefits.

Divorce and Federal Retirement Benefits: The Surprising Ways a Split Can Affect Your Future Pension

Divorce is never an easy process, and for federal employees or retirees, it comes with unique challenges. When a marriage ends, it’s not just personal belongings that need to be divided—federal retirement benefits, including your pension, TSP, and survivor benefits, are also at stake. Navigating this division requires a clear understanding of federal rules, which can affect your financial future long after the paperwork is signed. This article explores how a divorce could reshape your federal retirement benefits and what steps you can take to safeguard your financial security.

Pension Division: More Than Just Splitting the Pot

A major consideration during divorce is the division of your federal pension. Under federal law, your Civil Service Retirement System (CSRS) or Federal Employees Retirement System (FERS) pension may be divided as a marital asset. The exact division depends on the terms of the divorce settlement and the state you reside in, but generally, the court can order that a percentage of your pension is awarded to your former spouse.

If a divorce decree includes a portion of your pension for your ex-spouse, the Office of Personnel Management (OPM) implements this through a Court Order Acceptable for Processing (COAP). This order specifies how much your ex-spouse will receive. This is often a percentage of your future monthly benefit, and the calculation is typically based on the duration of the marriage and the overlap with your federal service.

Even if your pension is subject to division, it’s essential to remember that your ex-spouse cannot begin collecting their share until you actually retire and begin receiving benefits. Therefore, the timing of your retirement becomes crucial in planning for your financial future post-divorce.

The Impact on the Thrift Savings Plan (TSP)

The Thrift Savings Plan (TSP) is another significant retirement asset that may be divided during a divorce. While the TSP is similar to a 401(k), it is governed by federal regulations, which means it can only be divided through a court order. A court order known as a Retirement Benefits Court Order (RBCO) is necessary for dividing the TSP, outlining how much of your account balance is allocated to your former spouse.

The TSP account may be divided as a lump sum or through monthly payments, depending on the agreement. It’s important to understand that any division of the TSP does not necessarily mean tax penalties for you, but if your ex-spouse withdraws funds from their portion before reaching retirement age, they may face penalties and taxes.

Additionally, the TSP’s value can fluctuate based on market performance, meaning that a fixed percentage agreement might result in varying dollar amounts by the time the order is executed. Therefore, ensuring clarity in the court order regarding how and when the division is calculated is critical.

Survivor Benefits: Ensuring Continued Coverage

Federal employees and retirees should also consider the implications of divorce on survivor benefits. If you are currently married, you may have elected to provide a survivor benefit for your spouse under your FERS or CSRS pension plan. Upon divorce, it’s important to update these elections as failing to do so could have unintended consequences, such as continuing to pay for benefits you no longer need.

If your divorce decree stipulates that your ex-spouse is entitled to a survivor benefit, you must submit this information to OPM. Survivor benefits ensure that your ex-spouse receives a portion of your annuity upon your death, but this election will reduce the amount of your monthly pension during your lifetime.

Moreover, if you remarry, your new spouse may not automatically qualify for survivor benefits unless you elect to provide coverage for them, which could mean paying an additional reduction from your pension. Reviewing these decisions and understanding the impact on your financial well-being is crucial as you move forward after divorce.

Federal Employee Health Benefits (FEHB) and FEDVIP Coverage

Health insurance is another area affected by divorce. Under the Federal Employees Health Benefits (FEHB) program, your former spouse typically loses eligibility for coverage once the divorce is finalized. While this may seem straightforward, the reality is that former spouses may face a significant gap in coverage unless they plan ahead.

In some cases, a former spouse can apply for Temporary Continuation of Coverage (TCC) under FEHB, which extends benefits for up to 36 months. However, this is only a temporary solution, and the former spouse will be responsible for paying the entire premium, which includes both the employee and government contributions. This can make FEHB coverage considerably more expensive than when the couple was married.

Regarding FEDVIP (Federal Employees Dental and Vision Insurance Program), former spouses are generally not eligible for continued coverage. They must seek private alternatives if they wish to maintain dental or vision benefits.

Life Insurance Changes: FEGLI and Divorce

Life insurance is another crucial component of federal employee benefits affected by divorce. The Federal Employees’ Group Life Insurance (FEGLI) policy allows federal employees to designate beneficiaries. If your ex-spouse is listed as a beneficiary, updating this after divorce is critical to ensure your intended beneficiaries receive the policy proceeds.

If your divorce agreement awards a portion of your life insurance benefits to your ex-spouse, you must update the beneficiary designation form to reflect this. Without updating these records, your ex-spouse may not receive the benefits they are entitled to, or unintended individuals might benefit instead. Keeping all forms current is essential for avoiding complications later on.

What You Can Do to Protect Your Benefits

Divorce can complicate your retirement planning, but proactive steps can minimize the impact on your financial future:

Seek Legal Advice: Consulting with an attorney experienced in federal retirement benefits can help you navigate the complex rules and regulations involved. They can assist in drafting a divorce decree that protects your interests and ensures compliance with federal guidelines.
Update Your Paperwork: After divorce, promptly update all necessary forms, including those for your pension, TSP, FEGLI, and survivor benefits. This ensures that your current wishes are reflected and prevents your ex-spouse from unintentionally receiving benefits.
Review Your Health Coverage: Plan ahead to adjust your health insurance coverage under FEHB and FEDVIP if your spouse was previously covered. Knowing your options and understanding the costs associated with changes is vital for maintaining financial stability.
Plan for the Long Term: Consider how divorce may affect your retirement timeline and financial goals. Adjusting your savings strategies, contribution levels, or even postponing retirement might be necessary to secure your financial future.

Navigating the Road Ahead After Divorce

Divorce doesn’t have to derail your retirement plans if you take action early and stay informed about how your federal benefits are impacted. Whether it’s your pension, TSP, health coverage, or life insurance, understanding and updating your benefits is key to protecting your financial well-being. By staying proactive and seeking professional guidance, you can navigate the complexities of federal retirement benefits and secure a stable future, even after a significant life change.