Introduction

This book is a deep dive into the world of divorce and the federal employee (current, former or retiree), or spouse.

This book is intended for any family law practitioner who may touch any of these topics in a case involving a current or former federal employee.  The information contained in this book is critical to representing the interests of your client no matter what side you’re on.  By reading this book you will understand the benefits at stake: retirement, health insurance, life insurance.  

A recent law school graduate, all the way up to the experienced, partner level attorney, can find information of critical use in such cases.  In most cases, I begin with the elementary aspects of the topics being discussed, and work from there to the highest level of detail. I’ve also included relevant citations so you can delve even deeper into the law should the need arise. I have attempted to make this information easy to digest and understand, and I have included various checklists, glossary terms, and definitions as easy reference.  I have also provided samples that you may use in your practice. I hope that less experienced practitioners will use the book to learn the basics they may not yet know or have been too afraid to ask.  More experienced practitioners may keep the book on their shelves and be confident that in reaching for it from time to time, he or she will find what they need.

Pension Benefits

This book covers all aspects of federal employee pension benefits, including, but not limited to the following:

• Civil Service Retirement and Disability Fund Pensions

• Pension Benefits Under FERS and CSRS and How to Divide Each

• Monthly Employee Annuities

• Former Spouse Survivor Annuity

• Pre-Retirement Survivor Benefits

• Cost of Living Adjustments

• The Alternative Form of Annuity

• Refund of Contributions

• CSRS Voluntary Contribution Account and Excess Deductions

• FERS Annuity Supplement

• Child Survivor Benefit

• Foreign Service Pensions

• Retirement Plan for Employees of the Federal Reserve System (FRS)

• Court Orders Acceptable for Processing (COAPs)

Health and Life Insurance

The Federal Employee Health Benefits (FEHB) is the largest employer sponsored group health insurance program in the world covering over 8 million Federal employees, retirees, former employees, family members, and former spouses. FEHB coverage is available to most employees, retirees, dependents, and survivors. Coverage is guaranteed; the plan cannot deny or cancel coverage for medical reasons and there is no waiting period for eligibility, medical examination or exclusion due to a medical condition. Providing for health insurance for both spouses after divorce, as well as for their children, is a critical issue, especially when a spouse is financially dependent, unemployed, employed without benefits, self-employed, retired, or employed part time. The book discusses issues relating to indefinite spouse equity coverage, temporary continuation coverage, and continuation of health insurance for children of the marriage following a divorce. 

Federal Employee Group Life Insurance (FEGLI) is group term life insurance.  It has no cash value and no loans can be taken out against it. OPM currently has a contract with Metropolitan Life Insurance Company (MetLife) to provide this insurance, and the office that administers these claims is Office of Federal Employees’ Group Life Insurance (OFEGLI). The book covers beneficiary designations, assignment of life insurance, and court orders to maintain life insurance.

Obtaining Information from the Federal Government

The book details information on requesting information from the federal government in connection with obtaining a divorce. For example, one little known fact is that certain Thrift Savings Plan account information is available to spouses without the need for a subpoena. The book discusses access to employee information as it relates to informal Touhy requests, Freedom of Information Act (FOIA) Requests, Subpoenas, and Earnings Withholding Orders. The Freedom of Information Act or FOIA, establishes the public's right to information contained in Government records.  Most Federal Employees have an Official Personnel Folder (OPF) subject to OPM record keeping requirements. This book will explain step by step how to obtain this information.

Litigation Considerations

This book addresses various issues that a family law practitioner is bound to experience in litigation involving a federal employee, retiree or spouse.

For example, the survivor annuity as marital property and allocation of cost of the survivor annuity, obtaining a present value of a pension, garnishment of federal government pensions and TSP accounts, and tracing the non-marital share of the TSP.

In addition, the book explains in detail how to determine income using the Office of Personnel Management (OPM) salary scales, grades and steps. The book covers the different types of compensation, as well as how to read a government pay stub.

This book also touches on resources for domestic violence victims and security clearances.

More Issues Covered in the Book

• Thrift Savings Plan Accounts

• Disability Entitlement 

• Worker’s Compensation

• Student Loan Repayment and other benefits

• Dental and Vision Insurance 

• Domestic Violence 

• Prenuptial Agreements 

"

This book is a must have for attorneys working on divorces involving federal employees or retirees. It covers all the bases and makes the information easy to find and understand. The forms are useful and practical. I expect I’ll be grabbing this book off my shelf as a reference for years to come.

- Kathryn McDonough, Attorney at Law, McDonough Law, Silver Spring, Maryland

Ms. Markham's book is clearly written, well organized, and provides useful charts and graphics to allow the reader to better understand the complexities of dividing federal retirement assets at the time of a divorce. The book then goes beyond retirement accounts, and provides an informative read on federal employee benefits, garnishments, obtaining information, and even reading pay stubs. This book is helpful, not only for the lawyer representing federal employees, but even the federal employees who struggle to understand their own benefits packages.

- Melissa Kucinski, Attorney at Law, MK Family Law, Washington D.C.

“Representing Federal Employees and their Spouses in Divorce” is a must have for any family law attorney representing Federal Employees. Understanding what benefits Federal Employees have is crucial and oftentimes, it seems like another language.   I have seen lawyers who do not understand the benefits mess up in negotiations and drafting agreements.  Spouses will lose key benefits that they would be entitled to under the law because their lawyer did not know the benefit existed.  This Guide is easy to understand and is a great primer for young and seasoned lawyers alike.  If you want to avoid an unhappy client, make sure to have a copy of this reference in your office!”

- Laurie Wasserman, Attorney at Law, Law Office of Laurie M. Wasserman, Towson, Maryland