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Retirement Planning


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mschrief  
#1 Posted : Wednesday, March 28, 2012 6:16:30 AM(UTC)
mschrief

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I am going through a divorce and need to know how division of future pension is done. I would assume the ex-spouse will receive a percentage of the retired pay.

I have been married since 11/04 and the divorce is in the works 03/12. I have 27 years of FERS service in.

In that I have only been married to my soon-to-be-ex, what percentage of retirement would he receive.

Any help, links or guidance would be appreciated.

mschrief  
#2 Posted : Wednesday, March 28, 2012 6:17:54 AM(UTC)
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In that I have only been married to my soon-to-be-ex for SEVEN years, what percentage of retirement would he receive.
TS65  
#3 Posted : Wednesday, March 28, 2012 6:22:35 AM(UTC)
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7/27 x 1/2  or approx 13%
dhacker56  
#4 Posted : Wednesday, March 28, 2012 10:00:56 AM(UTC)
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And you would be entitled to the same % of his.

Fed1969  
#5 Posted : Wednesday, March 28, 2012 11:03:11 AM(UTC)
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This is negotiable as part of the divorce settlement.  It could be more or less than the  above suggestions, depending on other assets and circumstances.  

You need a good divorce lawyer.
mtg2005  
#6 Posted : Wednesday, March 28, 2012 7:00:49 PM(UTC)
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Fed is right. OPM follows the divorce agreement on the split. Get a lawyer.
Knight  
#7 Posted : Wednesday, March 28, 2012 10:02:21 PM(UTC)
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Like dhacker said you can get a % of his. So you might agree to not take any from the other. Of course if you are the only bread winner in the family he might want more. Get a lawyer.
 
Good luck might not be appropiate but know that I wish you well.
Fed1969  
#8 Posted : Wednesday, March 28, 2012 10:11:41 PM(UTC)
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Make sure the settlement is not only fair to you today but fair to you years from now.  That is why a good divorce lawyer is needed.  OPM goes by the written agreement.
kcman  
#9 Posted : Wednesday, March 28, 2012 11:30:08 PM(UTC)
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One thing to remember is you can negotiate where neither of you gets anything from the others retirement.  My ex got nothing from my pension and we were married for over 20 years (I gave her the house in exchange for not going after my retirement).  

<br />"The problem with socialism is that you eventually run out of other people's money." - Margaret Thatcher<br />
Brisingamen  
#10 Posted : Thursday, March 29, 2012 2:42:41 AM(UTC)
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There is no hard and fast rule, this is something that should be negotiated in the divorce proceedings. Remember you are allowed to claim a share of his retirement. Since you were married less than 7 years there will be no Social Security benefits based on the spouse's salary. OPM follows the court's directions on this one.

As I was married less than 10 years, the paperwork stated that my former spouse waived all claims to my retirement benefits. My Ex didn't bother to get a lawyer, just signed the paperwork...

lorsteluc  
#11 Posted : Thursday, March 29, 2012 3:09:40 AM(UTC)
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In 1987, I left federal service while I was married, withdrew my contribution, subsequently divorced so the federal pension was not mentioned in the divorce agreement since it no longer existed.  I resumed my federal career and am in the process of making the redeposit and I will retire this year.  When I retire as CSRS offset, I am assuming my former spouse is not eligible to any share of my small pension (he is on SS disability).  Any suggestions on how to document this for OPM?
postalvet  
#12 Posted : Thursday, March 29, 2012 8:11:45 AM(UTC)
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lorsteluc wrote:


In 1987, I left federal service while I was married, withdrew my contribution, subsequently divorced so the federal pension was not mentioned in the divorce agreement since it no longer existed.  I resumed my federal career and am in the process of making the redeposit and I will retire this year.  When I retire as CSRS offset, I am assuming my former spouse is not eligible to any share of my small pension (he is on SS disability).  Any suggestions on how to document this for OPM?
 
do you believe OPM will even bring it up?  based on what you said "I left federal service while I was married, withdrew my contribution, subsequently divorced so the federal pension was not mentioned in the divorce agreement since it no longer existed." I do not believe OPM will care as you were divorced when rehired.
Retired postal worker of 38 years who is willing to help even though some do not want to hear the truth.
Raoul  
#13 Posted : Thursday, March 29, 2012 8:26:04 AM(UTC)
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I been married five times and each of them got twenty percent.
I'm not liking the math on this.
 
I ain't never getting married again, I'm just gonna find a woman I don't like and buy her a house!
mschrief  
#14 Posted : Sunday, April 01, 2012 11:45:54 PM(UTC)
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Thanks for all the info.

Wish I could take part of HIS pension, but he only gets SS and pension from former employer earned before we were married.

I did not marry "well"!!!
mmthomas  
#15 Posted : Wednesday, April 04, 2012 12:28:01 AM(UTC)
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OPM will follow state court divorce orders ONLY as OPM interprets them.  They have an extensive set of regulations that govern their interpretation of state court orders; and their interpretation has been upheld by appeals courts if the appeal is not based on OPM following their own regulations.  "Fairness" is never upheld on appeal.

State laws do not apply to OPM.

OPM regulations state that if ANY percentage is mentioned in the court order that percentage will apply the the FINAL ANNUITY.  Even if both a percentage and a fixed amount are in the decree OPM will apply the percentage to the FINAL ANNUITY.  

You must put a fixed amount to be awarded to the former spouse with no reference to a percentage in order to avoid the OPM default interpretation.

If OPM interprets the court order in a way that conflicts with the intention of the court; only a revised court order will change the OPM apportionment amount.

It is possible to appeal within the federal system; MSPB and federal courts; if OPM did not follow their regulations.  Read the regulations before any court order or any appeal to OPMs decisions to see if you have a case to appeal.

I will venture to say ALL divorce attorneys do not understand OPM regulations and their interpretation practices.


getting close  
#16 Posted : Wednesday, April 04, 2012 7:07:39 AM(UTC)
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Raoul wrote:


I been married five times and each of them got twenty percent.
I'm not liking the math on this.
 
I ain't never getting married again, I'm just gonna find a woman I don't like and buy her a house!


With your track record, she might be willing to buy you the house.
martyb  
#17 Posted : Wednesday, April 04, 2012 7:16:32 AM(UTC)
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LOL
Forum trolls to 0%
dmguild  
#18 Posted : Friday, April 13, 2012 12:01:54 AM(UTC)
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Would it not be better to (in the divorce decree) to agree to 13% of what would be the amount at this point in time. (current salary based on 27 years of service)?  vice 13% of what your salary is at retirement based on 30 years of service (or longer).
 
i.e. assuming FERS calculation
based on $100k salary NOW would be $27k / yr total, his share would be $3510 / yr
vs $110k salary at 30 years.  $33k /yr total,  his share would be $4290 /yr
dhacker56  
#19 Posted : Friday, April 13, 2012 1:09:29 AM(UTC)
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That is the way they are normally figured.  1/2 of the amount earned while you were married.  But you would also get the same % of your spouse's annuity(if there is one).

nightstalker2  
#20 Posted : Monday, April 16, 2012 4:58:17 PM(UTC)
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when i was in the military my ex was marry to me for seven years and the law at that time make my retirement off limits to any divorce decree, her lawyer tried but failed
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