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A Handbook for Attorneys on Court-ordered Retirement,

A Handbook for Attorneys on Court-ordered Retirement, 2025

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The document is a checklist for processing court orders related to the Federal Employees Retirement System (FERS) in divorce cases. It outlines two options for obtaining a Qualified Domestic Relations Order (QDRO), provides detailed sections for requestor and court information, and includes various choices regarding the division of retirement benefits between spouses. The checklist ensures that all necessary information is collected to facilitate the processing of retirement benefits in accordance with legal requirements.

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Click ‘Get Form’ to open it in the editor.
Begin by filling out the Requestor Information section. Enter your name, firm name (if applicable), attorney ID, mailing address, and contact details. If you are representing a party in the divorce, provide their attorney's information as well.
Proceed to the Court Information section. Input the name of the court, state, county, division, and docket number. Indicate which party is the plaintiff/petitioner and specify signature lines required at the end of the order.
Complete the Partner 1 and Partner 2 sections by entering their names, dates of birth, addresses, phone numbers, social security numbers, and gender.
In the Miscellaneous Information section, answer questions regarding social security numbers, marriage date, divorce status, and retirement plan details. Specify how benefits will be allocated between parties.

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2022	4.7 Satisfied (26 Votes)
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What happens to federal pension when you divorce?

Your FERS annuity can be considered in a divorce settlement, so you could end up paying a portion of this retirement income to your ex-spouse. For an ex-spouse to receive annuity payments from FERS, it requires a court order to have the Office of Personnel Management (OPM) make these payments.

Does OPM recognize power of attorney?

OPM does NOT recognize Power of Attorney. Designation of Beneficiaries - You can choose any person to receive any life insurance and/or lump sum benefit payable upon your death by completing a Designation of Beneficiary form.

What are the rules of a QDRO?

QDRO Requirements Name and last known mailing address of the plan participant and each payee. Name of each plan to which the order applies. Dollar amount or percentage of the benefit to be paid. Number of payments or time period to which the order applies.

Do you have to pay taxes on QDRO?

When an ex-spouse receives distribution of plan benefits pursuant to a QDRO, he or she is responsible to pay the associated income tax.

What is a qualified domestic relations order for federal employees?

Definition. A qualified domestic relations order (QDRO) is a court order in a domestic relations case that orders private pension or retirement plan benefits to be used to provide alimony or child support, or to divide marital property in a divorce.

What is domestic relations order?

A domestic relations order (DRO) is a court order that gives a spouse or dependent the right to receive all or a portion of the benefits of an employees qualified retirement plan in the event of divorce.

Can I get cash from QDRO?

A QDRO allows the withdraw of money from the qualified retirement account penalty-free. This is a one time-opportunity for the alternate payee spouse only. Generally, the owner of a qualified retirement account must wait until the age 59 to receive distributions.

Is my ex spouse entitled to my federal pension?

Monthly FERS payments can be either partially or fully marital, which means they are subject to division during a divorce. The amount of time during which the employees federal service overlapped with their marriage is the main determining factor.