Navigating Federal Employment Retirement Benefits

Dividing federal employment retirement benefits during a divorce can be complex and requires a thorough understanding of various regulations and systems. At Thilges Bernhardt & Isaacs, we are dedicated to providing expert legal guidance in this specialized area, ensuring that you receive a fair and equitable division of these benefits.

Understanding Federal Retirement Systems

Federal employees may participate in several retirement systems, including:

  • Federal Employees Retirement System (FERS): Established for employees who began working after 1984. FERS consists of three components: the FERS Basic Benefit Plan, Social Security, and the Thrift Savings Plan (TSP).
  • Civil Service Retirement System (CSRS): For employees hired before 1984, CSRS is a defined benefit plan that provides retirement benefits based on years of service and highest salary.

Key Considerations

1. Marital vs. Non-Marital Property:
Retirement benefits earned during the marriage are generally considered marital property and may be subject to division. Understanding the specifics of your retirement plan is crucial in determining what portion is eligible for division.

2. Court Orders:
To divide federal retirement benefits, a court order must be obtained. This typically involves a Qualified Domestic Relations Order (QDRO) or a similar order tailored to federal benefits. Our experienced team will guide you through the necessary legal processes.

3. Valuation of Benefits:
Accurately valuing federal retirement benefits is essential for a fair division. 

The Division Process

Dividing federal employment retirement benefits involves several steps:

  • Assessment of Benefits: We will conduct a thorough review of your retirement benefits to determine their value and how they will be affected by divorce.
  • Legal Documentation: Our firm will prepare the necessary legal documents, ensuring compliance with federal regulations and state laws.

Contact Thilges Bernhardt & Isaacs, Attorneys at Law, LLC

If you have any further questions or need Federal Employment Retirement Benefits divided, contact us at 913-491-4400 or fill out our online form. We serve clients in Johnson County, Kansas, Jackson County, Missouri, the Kansas City metropolitan area, and surrounding parts of Kansas and Missouri.