Q:
Can a federal employee preclude retirement when they reach the maximum retirement percentage in order to prevent a former spouse from receiving their court ordered annuity apportionment?
A:
Yes, if you keep working, then you will not be a retiree, and thus will not receive an annuity. If you are not receiving an annuity, then your former spouse will not receive the court ordered portion of the annuity. Unless you are in a position which has a mandatory retirement age, you can continue to work even after you “max out.” However, you should keep in mind that court orders are not designed to be easily evaded by individuals who hope that they will not have to pay a former spouse what a judge has determined is legally due. Once you retire, if the court order has been properly filed with OPM or your employing Agency, then you former spouse will very likely receive what he or she was apportioned in the court order.
This response is written by Michael S. Causey, associate attorney of Shaw Bransford & Roth PC, a federal employment law firm.
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.
1 Comment
Thank you so much for providing individuals with such a terrific opportunity to read articles and blog posts from this blog. It can be very kind and as well , packed with a great time for me and my office peers to visit the blog the equivalent of 3 times in one week to find out the latest stuff you have. And of course, I’m actually satisfied for the effective tactics you serve. Some two facts in this posting are essentially the most effective I’ve ever had.