While federal benefits are actually excluded from QDRO agreements since they are not private-sector pensions and do not fall under the Employee Retirement Income Security Act, Northstar QDRO still has specialized expertise in this area that many matrimonial lawyers lack. Navigating the division of federal pensions is a minefield, and you need a law firm that knows every intricacy of a case to avoid facing a malpractice suit down the line- we are that firm.
Federal pensions are tricky because they stand alone similar to military pensions. They do not fall under the QDRO umbrella, but they do oftentimes make up a large portion of a couple’s assets making their division necessary. Federal benefits can encompass a pension, lifelong annuity payouts and in some cases even health insurance- all benefits that a divorcing spouse would want to keep. Complicating the matter more is that state and federal law regarding these benefits sometimes conflict, and federal law always wins so any law firm representing a client with a federal pension needs to be well-versed in multiple areas of pension law.
Most federal employment issues are decided based on a principle known as “spouse equity” which is why QDROs are not valid. Complicating the situation more is that the government generally does not offer any help or guidance about how to create a court order to request the division of benefits. They also require a subpoena to release any information which makes it difficult if the ex-spouse is not cooperative. It is not impossible to divide a federal annuity, but as all of the above facts highlight, it is an uphill battle.
Northstar QDRO has a wealth of experience in this area and has helped many spouses negotiate their way to the end to the finish line. If you are a matrimonial lawyer representing a client that needs a federal annuity divided, we are the best firm to draft and complete all related court orders.