Reply to 2 Feds, Divorce and Pension

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[quote=Anonymous][quote=Anonymous] Ex-dh and I are both in FERS, same pay grade at same agency. When we got divorced 2 years ago, our order stated that I get 50% of his pension and survivors benefits. He gets 50% of my pension and survivors benefits (identical orders). I guess we didn't really think about this, but now-both of us would rather have just kept our own pension and survivors benefits. Also, it states that if I, or he, remarries before 55, the married one does not get survivor benefits. I'm not planning to remarry but he may want to.

We live in FL (for legal reference). Is it possible, or even legal, for us to change the order? Or is that not doable? I just don't like the idea of thinking about him in my retirement planning. We're amicable, but I don't want to consider him LOL. What happens if one of us retires first? Yes, I'm kicking myself for not understanding this 2 years ago, and he doesn't understand it at all. All the other stuff is done (the tsp stuff).[/quote]
Disclaimer: I am a lawyer, but I am not your lawyer.

First, to answer the question you asked: yes, divorce terms generally can be modified.  You'd need to file a motion for modification with the court.  (Not only am I not your lawyer, I not licensed in Florida, so I have no idea how things work there.)

But you might want to double-check that things work how you think they work.  I [i]think[/i] that what you're describing is a function of how FERS survivor benefits works.  If you and your ex stayed married until retirement, the retiring spouse could opt to take a reduced benefit in exchange for the other spouse to get 50% of the retiring spouse's benefits when the retiring spouse died.  You can set up do the same thing when you divorce, but it requires a court order.  So your divorce decree says that if your ex dies before you do, you get FERS benefits equal to half his benefits; if you die first, he gets FERS benefits equal to half of yours.  This does [i]not[/i] mean that he takes half of your benefits—you still get your benefits but he gets an amount equal to 50% of those benefits if you die before he does (and vice versa).

See this page, in the sections under "Former Spouse": https://www.opm.gov/retirement-center/fers-information/survivors/

Another detail that may not matter in your situation: you'd need to modify the court order before retiring.  "While court orders can be changed before the employee retires or dies, in general court orders cannot be modified to affect survivor benefits after the employee retires or dies after retiring."  https://www.opm.gov/retirement-center/publications-forms/pamphlets/ri84-1.pdf (p. 6)

Before changing anything, I'd suggest talking to someone who can walk you through the financial implications of that change.  You'll want to talk to someone who is familiar with how FERS survivor benefits work for ex-spouses, though.[/quote]

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