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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Im preparing to retire next year under the CSRS Retirement

Customer Question

I'm preparing to retire next year under the CSRS Retirement System and have been divorced for 12 years. My divorce decree states that he is entitled to 50% of my mothly annuity of what was paid during the term of the marriage. My divorce lawyer told me that although that is in my divorce decree doesn't necessarily mean that he is entitlked to any portion of my pension sicne I am covered under a Federal retirement system. Is he? If so, what legal steps do I need to take to negate that agreement?
Submitted: 5 years ago.
Category: Family Law
Expert:  Joseph replied 5 years ago.

I would suggest that either your attorney gave you bad advice or there was a misunderstanding here. There is no exception for federal retirement plans from equitable distribution from a divorce decree.


Additionally, even if there were, your divorce judgment provides for your former husband to have a 1/2 interest therein. When the judge did that, he did so as part of a total equitable distribution scheme. In other words, if your former husband did not receive any interest in the retirement plan, he would have received a greater interest in some other marital property.


I wish I had better news, unfortunately, your former husband is entitled to his share of this account. Sorry.


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Expert:  Joseph replied 5 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.


Thank you for your patience.

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