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wvfed67  
#1 Posted : Monday, May 17, 2021 3:23:11 PM(UTC)

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My 1st marriage lasted 126 months. A little over ten years. My 2nd marriage is coming up on 20 years and going strong. My health is good so we may make it another 20 years. My question is what portion of the survivor benefits will the 1st wife get? My court decree just said a QDRO will be done. I am trying to get that done now that I have 41 years in the bag. Thanks in advance!
TheRealOrange  
#2 Posted : Tuesday, May 18, 2021 4:05:20 AM(UTC)
TheRealOrange

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Originally Posted by: wvfed67 Go to Quoted Post
My 1st marriage lasted 126 months. A little over ten years. My 2nd marriage is coming up on 20 years and going strong. My health is good so we may make it another 20 years. My question is what portion of the survivor benefits will the 1st wife get? My court decree just said a QDRO will be done. I am trying to get that done now that I have 41 years in the bag. Thanks in advance!

There's no way for anyone here to know how much of the survivor's benefit will go to your first wife. That will depend on your divorce decree and any related court orders. Note that a QDRO is a creation of ERISA and will not work to affect a FERS (or CSRS) retirement. To be effective, your court order will need to expressly state that it is written in conformity with OPM's regulations. Many retirees and their ex spouses have been shocked to learn that their QDROs were not valid. Your attorney should pay close attention to the OPM guidance. Here is a link to an OPM pamphlet that will help.

https://www.opm.gov/reti...s/pamphlets/ri38-116.pdf (starting on page 5)

Your attorney will also need to read and know the federal regulations applicable to FERS or CSRS. Here's a ;link to the regulation for "Determining the amount of a former spouse survivor annuity." As you will see, it speaks to the applicable court orders.

https://www.law.cornell.edu/cfr/text/5/838.921
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