Can a divorce affect your federal benefits? If you are a federal employee going through a divorce or have recently experienced one, your federal benefits might take a considerable hit.
Before that divorce, the state might have provided your spouse with certain benefits. This was an effort by the government to ensure that their rights were protected. However, after the divorce, the spouse is no longer eligible to receive any federal employee benefits. Your spouse can file a court order to receive the benefits in the worst-case scenario.
If you are wondering, “can a divorce affect my federal benefits,” speaking to a divorce attorney and becoming familiar with the laws is best. Here are some factors that you should consider:
- Annuity Payments
For federal employees, benefits are provided in three different categories. These include social security benefits, basic benefits, and TSP (Thrift Savings Plan). Keep in mind that after retirement, federal employees will receive these payments every month.
A divorce might affect federal benefits if the federal employee’s spouse requests annuity payments in court. This means the federal employee might be required to provide a portion of these payments to the spouse.
- Health Benefits
After a divorce, spouses of federal employees cannot get health coverage under the federal employees’ plan. They might be covered before the divorce. However, once the divorce comes into effect, these benefits are nullified for the spouse. There is no provision to regain the benefits in court.
After a divorce, the spouse must file for temporary coverage (TCC) or find another health plan.
- Life Insurance
Federal employees often enroll in life insurance through the group life insurance program. This includes their family members. After a divorce, the federal employee needs to assign the coverage to their spouse or name them a beneficiary if they want their spouse to continue receiving the benefits.
- Survivor Benefits
For a spouse to receive survivor benefits after they have been divorced and the federal employee passes away, they need to prove that a survivor annuity exists in their divorce. Without that, an ex-spouse cannot receive survivor benefits.
- Resignation
Resigning as a federal employee may leave you filing a refund of contributions. These are your retirement contributions to the Civil Service Retirement System. In some cases, the authorities may transfer the amount to an ex-spouse.
Final Thoughts
Understanding how a divorce can affect federal benefits might be complicated. There are many provisions that an ex-spouse can use in court to further their case. This is why you need an experienced attorney to help you through the process.
Call (813) 755-7037 to speak with Federal Educators, a firm that provides you divorce attorneys with the best knowledge and communication skills. Learn more about how federal benefits are affected during a divorce and get the upper hand in court.
Knowledge is power. Remember to use it wisely and trust our legal team to help you stay up to date with everything you need to know.
