Questions & Answers

& ANSWERS were compiled by NARFE’s Federal Benefits Institute experts. NARFE does not provide legal, financial planning or tax advice or assistance.

QI plan on retiring in February 2023 after spending more than 30 years in federal service. I recently divorced. Can my retirement ever be garnished in any way due to a legal judgment made against me?

ATitle 5, United States Code, Sec. 8345, limits garnishment payments from annuities to those payments expressly provided for in the terms of a court order related to a divorce, separation or annulment and any court order to enforce a judgment against the retiree for child abuse.

If your divorce decree is already finalized and is either silent about federal benefits or explicitly states that he/she is not entitled to any portion of your annuity or any other federal benefits (such as TSP), then that means that your former spouse won’t be entitled to your government pension unless the divorce decree is amended. The following question is on the retirement application: “Do you have a living former spouse to whom a court order gives a survivor annuity or a portion of your retirement benefits based on your federal employment?” If the answer is NO, then you would not need to provide OPM with a copy of your divorce decree.

If your final divorce decree does specify that your former spouse is entitled to a federal benefit of yours under CSRS or FERS, then that should be filed with OPM’s Court Ordered Benefits Branch once the divorce is finalized to ensure that the court order is acceptable for processing; if not, it could cause delays in the processing of your retirement. A copy of that decree should also be included with your retirement application that you submit to your agency.

A court order or administrative order that requires you to provide health benefits coverage for your children would also need to be attached to your retirement application, if applicable.

OPM – Court Ordered Benefits

Branch

P.O. Box 17

Washington, DC 20044

If your divorce decree awards your former spouse a portion of your TSP (Thrift Savings Plan), that should be filed directly with TSP at the time of the divorce. This could also apply in separations and annulment proceedings. TSP has a web site for uploading court orders here: https://qoc.rk.tsp.gov/qoc/b/ CsHome010Home.htm

QI am a federal employee covered by CSRS. I plan to elect a spousal survivor benefit for my wife when I retire next year. My spouse always worked in the private sector. Is there any limitation on my pension or her Social Security benefits after we both retire? In other words,