Legal Question in Family Law in California
Civil Service Retirement
My divorce became final on Mar.19,1999 and the judgement
says that the court reserves jurisdiction over the division
of respondent's (my ex) Civil Service Retirement.He began
service on Jan. 1981, and is still working in the system.
We were married on Dec. 09/75, and separated on Nov./ 96.
He remarried and is going to be retiring this year, so I
need to know, if there's anything I should do, or office
(OPM) I should call, or if everything is done automatically.
Hope you can help! Thank you very much.
2 Answers from Attorneys
Re: Civil Service Retirement
You need to obtain a court order dividing the retirement and serve appropriate documents on the Plan, so that you get your check directly.
It looks like you have about a 34% interest in his gross retirement benefit. You also want to make sure you get 34% of any COLA increases.
OPM requires certain federal-produced drafted forms to be served as well.
Is this FERS or CSRS? Is there also a TSP?
Reply: Civil Service Retirement
Based solely upon the information you provided, and assuming that there is nothing to the contrary in your underlying Judgment, you will need a court order. I suggest that you consult with an experienced family law lawyer.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net