Division of Retirement Benefits in Divorce
The attorneys at Cooper Ginsberg Gray have experience drafting retirement orders for the division of all types of retirement assets in divorce proceedings:
- Military Retired Pay: We prepare Qualifying Court Orders for the division of active-duty military retired pay and reservist retirement pay that comply with the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the National Defense Authorization Act of 2017 (NDAA 2017), which introduced the “frozen benefit rule.”
- Federal Civilian Pensions: We draft court orders for the Federal Employee Retirement System (FERS), the Central Intelligence Agency Retirement and Disability System (CIARDS), the Foreign Service Pension System (FSPS) and the Railroad Retirement System. Although less common now in light of the newer systems, our attorneys also have experience drafting orders for the Civilian Service Retirement System (CSRS) and Foreign Service Retirement and Disability System.
- State and Local Government Pensions: CGG drafts Orders that divide state and local government retirement benefits, including benefits under the Virginia Retirement System (VRS), Educational Employees’ Supplementary Retirement System of Fairfax County (ERFC), and various plans for local police and firefighters.
- Thrift Savings Plans: We regularly prepare Retirement Benefits Court Orders for the civilian and military Thrift Savings Plans.
- Private Employer Plans: We prepare Qualified Domestic Relations Orders (QDROs) for private pension plans, 401(k) plans, 457 plans and 403(b) plans, which require specialized formatting and approval processes.
- IRAs and Annuities: We prepare the appropriate documentation that complies with IRS regulations for the division of IRAs and annuities in order to avoid unnecessary tax consequences.
Whether your case involves a single retirement account or multiple complex federal and private retirement benefits, we ensure that court orders are drafted so as to protect your rights and facilitate the seamless transfer of your portion of the marital share of retirement assets. Our attorneys can also help you understand whether survivor benefit protection is available for plans in which you or your spouse participate.
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