Ask The Lawyer

By Debra Roth

Q & A Session – Court Ordered Benefit

Bookmark and Share

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

My ex-husband retired in 2011. When we got divorced in 1999 there was a court-ordered benefit that I receive 50 percent of any retirement benefits when he retired from federal service. My share should have been paid to me directly by the Office of Personnel Management. All the documentation for the court ordered benefit has been filed with OPM. When I first called, they told me that his pay had not been finalized yet but that he was getting intermediate pay. Why was I not getting paid?

A:

The processing of new retirees annuities is an ongoing problem for OPM, although it is improving. I don’t have enough information to know for sure that you have a divorce decree that will satisfy OPM requirements for payment to you.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Comments

  1. Mark Says:
    October 3rd, 2012 at 9:29 am

    The writer might want to look at her court order, it more than likely states 50% of the annuity “for the period of time they where married”! This will have a significant impact on the amount she recieves.