Q & A Session – Mandatory Retirement and Survivor Benefits


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.


I am two years from mandatory retirement and have been going through a divorce for over six years. Survivor benefits have not been discussed. However, what happens if the divorce is not finalized in two years and my ex refuses to waive survivor benefits?


If you do nothing, I think she gets survivor benefits and a portion of your annuity. You need to talk to an attorney and make sure that your lawyer is aware of OPM’s rules of annuities, survivor annuities and divorce decrees found at 5 CFR Parts 831 through 847.


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

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