In a federal divorce, a FERS or CSRS pension and a former spouse survivor annuity are divided only through a court order that meets OPM's rules in 5 CFR Part 838, the TSP is divided through a separate order the TSP must qualify, and a former spouse can keep FEHB only if they are entitled to part of the annuity or a survivor annuity (OPM, retrieved 2026-10-11).
Divorce splits a household in two, and for a federal employee, it can split a pension, a TSP account, and a survivor benefit along with it. The catch is that none of those split on their own. A state court can decide who gets what, but OPM and the TSP only act on orders written in language they accept.
That gap is where costly mistakes happen. An order that seems clear to the judge and both attorneys can be rejected by OPM, and some benefits, like the former spouse survivor annuity, can be lost for good if the order misses a deadline.
This guide explains how federal benefits are divided, what makes a court order acceptable, how the TSP handles divorce, how the former spouse survivor annuity works, and what happens to FEHB and life insurance. It is general education, not legal advice. Divorce outcomes depend on state law and your specific order.
Think of OPM and the TSP as banks that honor only one kind of check. The court writes the check, but if the wording is off, the bank will not cash it.
01How are federal benefits divided in a divorce?
Federal benefits are divided only by a court order that the paying agency accepts. OPM handles FERS and CSRS annuities, refunds of contributions, and survivor annuities. The TSP handles TSP accounts. FEHB and FEGLI follow their own rules.
- Employee annuityYour monthly FERS or CSRS pension. A court order can award a former spouse a share, which OPM pays directly to them.
- Former spouse survivor annuityA benefit paid to a former spouse after your death. It must be specifically awarded in a qualifying order.
- Refund of contributionsIf you leave and take a refund instead of an annuity, an order can award part of that refund.
- TSP accountDivided through a separate court order sent to the TSP, paid to the former spouse as a lump sum.
- FEHBNot divided. A former spouse may qualify for their own enrollment under Spouse Equity rules.
- FEGLINot divided like property, but a court order can direct who receives life insurance proceeds.
02What makes a court order acceptable for processing?
A court order acceptable for processing (COAP) is one that meets OPM's requirements in 5 CFR Part 838. It must expressly identify the federal retirement benefit, refer to that benefit using language Part 838 recognizes, and give OPM clear instructions to compute the former spouse's share without having to interpret state law (OPM, retrieved 2026-10-11).
- Names the right benefit. The order should identify the FERS or CSRS benefit, not just "retirement" or "pension."
- States the share clearly. A fixed dollar amount, a percentage, a fraction, or a formula OPM can apply.
- Says which annuity. For example, the gross annuity or the net annuity after certain deductions, since the result can differ.
- Covers COLAs. Whether the former spouse's share receives cost-of-living adjustments.
- Addresses the survivor annuity separately. A share of the employee annuity does not create a survivor benefit on its own.
- Is certified. OPM needs a certified copy of the order.
OPM pays a court-ordered share only after the employee retires and starts receiving an annuity, and only after it has the order and the former spouse's application. Former spouses apply using Standard Form 3119, Application for Court-Ordered Benefits for Former Spouse, with a certified copy of the order (OPM, retrieved 2026-10-11).
A share of the pension and a survivor annuity are two different awards. An order that mentions only the first does not provide the second.
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03Worked example: a marital share of a FERS annuity
Courts often use a "marital fraction" to divide a pension: the years of federal service during the marriage divided by total service, times a percentage, usually 50 percent. This is an educational example on hypothetical assumptions.
- 01
Service and marriage
You retire with 25 years of service. You were married during 15 of those years.
- 02
Marital fraction
15 / 25 = 60 percent of the annuity was earned during the marriage.
- 03
Award
The order awards the former spouse 50 percent of the marital share: 60% x 50% = 30 percent.
- 04
Monthly amount
On a $3,000 gross monthly annuity, the former spouse receives $900 and you receive $2,100, before other deductions.
- 05
COLAs
If the order grants COLAs, the $900 share rises with each annuity COLA.
04How is the TSP divided in a divorce?
The TSP pays a former spouse only under a court order that meets federal rules in 5 CFR Part 1653. The TSP states that private-sector QDRO rules do not apply to it (TSP, retrieved 2026-10-11). The TSP calls a qualifying divorce order a retirement benefits court order.
- Name it exactly. The order must refer to the "Thrift Savings Plan." Variations are not accepted.
- State the amount and the date. A specific dollar amount or a percentage or fraction of the account, with the date it is calculated.
- Lump sum only. The payee's entire award is paid as one lump sum, even if the order asks for installments.
- Limits. The order cannot exceed the account balance, make the payee responsible for an outstanding TSP loan, or require payments already owed to someone else.
- Account freeze. Once the TSP has an order or draft order on file, it blocks loans and withdrawals while it reviews, for up to 18 months per order.
- Processing fee. The TSP charges a fee to the participant's account unless the order allocates it differently. Check the current amount in TSP's procedures.
Source for the list above: TSP-BK-11 and TSP retirement benefits court order procedures, retrieved 2026-10-11. The TSP's Court Order Center lets attorneys submit draft orders for review before the final order is entered, which can prevent a rejected order.
05What is a former spouse survivor annuity?
A former spouse survivor annuity is a monthly benefit paid to a former spouse after the federal employee or retiree dies, awarded through a qualifying court order. The maximum under FERS is 50 percent of the unreduced annuity, and under CSRS it is 55 percent, and that maximum is shared among current and former spouses (OPM, retrieved 2026-10-11).
To award one, the order must expressly state that the former spouse is awarded a survivor annuity, or direct the employee to elect one, and give OPM instructions to compute it. It must generally be issued before the employee retires or dies, whichever comes first, or be the first order dividing marital property if the divorce happens after retirement (OPM, retrieved 2026-10-11).
- Marriage length. The former spouse must have been married to the employee for at least nine months.
- Service. The employee must have at least 18 months of creditable civilian service.
- Remarriage. A former spouse who remarries before age 55 generally loses eligibility, unless the marriage to the employee lasted at least 30 years.
- Cost. The survivor annuity is paid for by a reduction in the retiree's annuity, as with a current spouse.
- Timing risk. An order entered after retirement that is not the first property division generally cannot create a survivor annuity.
Source for the list above: OPM court-ordered benefits FAQ, retrieved 2026-10-11. A former spouse survivor annuity also affects a later spouse: if a court awards the maximum to a former spouse, there may be nothing left to elect for a current spouse. Our survivor benefits guide covers the election in full.
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06What happens to FEHB after divorce?
A former spouse stops being an eligible family member under your FEHB enrollment when the divorce is final. They have two possible paths to keep coverage: Spouse Equity coverage or Temporary Continuation of Coverage (OPM, retrieved 2026-10-11).
| Path | Who qualifies | How long | Key deadline |
|---|---|---|---|
| Spouse Equity | Divorced during your service or retirement, covered under your FEHB at some point in the 18 months before the divorce, entitled to part of your annuity or a former spouse survivor annuity, not remarried before 55 | For as long as the qualifying entitlement continues | Apply within 60 days of the divorce or of OPM's notice of entitlement, whichever is later |
| Temporary Continuation of Coverage (TCC) | A former spouse who does not qualify for Spouse Equity, or is waiting on it | Up to 36 months after the divorce | Elect within 60 days of the qualifying event or the notice, whichever is later |
Source: OPM FEHB Handbook and TCC guidance, retrieved 2026-10-11. Spouse Equity enrollees pay the full premium, and TCC enrollees pay the full premium plus a 2 percent administrative charge.
The link between the annuity order and FEHB is the part many people miss. If the court order does not award a share of your annuity or a former spouse survivor annuity, your former spouse generally has no route to permanent FEHB coverage.
07What happens to FEGLI and beneficiary forms after divorce?
Divorce does not automatically change who receives your federal life insurance or other death benefits. FEGLI pays the people named on your SF 2823, and the TSP pays the people named in your TSP designation, unless a valid court order directs otherwise. In Hillman v. Maretta (2013), the U.S. Supreme Court held that federal law controls FEGLI beneficiary designations, so the named beneficiary was paid even though state law would have revoked the designation after divorce.
- 01
Read your order first
If the court requires you to keep life insurance for a former spouse or children, your designations must follow it.
- 02
File new designations
Update SF 2823 for FEGLI, your TSP beneficiary designation, SF 3102 for FERS lump-sum benefits, and SF 1152 for unpaid pay.
- 03
Check Option C
FEGLI Option C coverage on a spouse ends with the divorce.
- 04
Update FEHB
Change your enrollment type if your family coverage no longer fits.
- 05
Keep copies
File confirmations with your records and send copies of the order to the right offices.
Our beneficiaries guide covers each form and where to send it.
08What should you do before the divorce is final?
Court orders are easiest to get right before the judge signs. After that, fixing a flawed order can mean going back to court.
- Gather benefit statementsYour annuity estimate, TSP statement, SF-50s, and FEHB and FEGLI enrollment records.
- Get the order reviewedAsk the TSP to review a draft order, and make sure your attorney uses Part 838 language for OPM.
- Plan the survivor questionDecide whether a former spouse survivor annuity is part of the settlement before retirement.
09Moving forward after a divorce
A federal divorce settles more than property. It can set your former spouse's health coverage, their survivor income, and your own net annuity for decades. Because OPM and the TSP act only on orders that meet their rules, the precision of the paperwork matters as much as the agreement behind it.
After the divorce, update your beneficiary forms, revisit your FEHB enrollment, and run your FEGLI numbers again with our FEGLI cost by age tool, since your coverage needs may have changed.
For the order itself, the right professional is a family law attorney experienced with federal benefits.
FFEBA is an education organization. If you want someone to look at your own numbers, we can match you with a Federal Retirement Consultant (FRC), a professional trained on federal benefits. The FRC designation is listed with FINRA. The first review is free, nothing is booked until you choose a time, and you are never obligated to work with anyone we introduce. Get matched with an FRC.
10Questions federal employees ask
What is a court order acceptable for processing?
It is a divorce decree, property settlement, or similar order that meets OPM's requirements in 5 CFR Part 838, so OPM can pay part of a federal annuity or a survivor annuity directly to a former spouse. It must clearly identify the federal retirement benefit and give OPM enough instructions to compute the amount.
Is the TSP divided in a divorce?
It can be. The TSP pays a former spouse only under a court order that names the Thrift Savings Plan, states a dollar amount or a percentage or fraction of the account as of a specific date, and meets federal rules in 5 CFR Part 1653. Private-sector QDRO rules do not apply to the TSP (TSP, retrieved 2026-10-11).
Can my former spouse get a FERS survivor annuity?
Yes, if a qualifying court order awards one. The order must expressly award a former spouse survivor annuity or direct you to elect one, and it generally must be issued before you retire or die, or be the first order dividing marital property after retirement (OPM, retrieved 2026-10-11).
Can a former spouse keep FEHB after divorce?
Under the Spouse Equity provisions, yes, if they were covered under your FEHB in the 18 months before the divorce, are entitled to part of your annuity or a former spouse survivor annuity, have not remarried before 55, and apply within 60 days. Otherwise, Temporary Continuation of Coverage is available for up to 36 months (OPM, retrieved 2026-10-11).
Does divorce cancel my ex-spouse as my FEGLI or TSP beneficiary?
No. Federal designations are not automatically revoked by divorce. The person named on your SF 2823, TSP designation, or SF 3102 is paid unless a valid court order directs otherwise, so update your forms after a divorce.
Can my TSP account be frozen during a divorce?
Yes. Once the TSP receives a court order or a draft order, it restricts loans and withdrawals from your account while it reviews the order, for up to 18 months per order (TSP, retrieved 2026-10-11).
Reviewed by the FFEBA education team. Last reviewed October 2026.
Sources
- U.S. Office of Personnel Management, Learn more about court-ordered retirement benefits, retrieved 2026-10-11
- U.S. Office of Personnel Management, Court Ordered Benefits: A Brief Overview, retrieved 2026-10-11
- U.S. Office of Personnel Management, I have divorced. Is my former spouse eligible for a survivor benefit?, retrieved 2026-10-11
- U.S. Office of Personnel Management, SF 3119 Application for Court-Ordered Benefits for Former Spouse, retrieved 2026-10-11
- U.S. Office of Personnel Management, FEHB Handbook: Former Spouses, retrieved 2026-10-11
- U.S. Office of Personnel Management, Temporary Continuation of Coverage, retrieved 2026-10-11
- Thrift Savings Plan, Court Orders and Powers of Attorney (TSP-BK-11), retrieved 2026-10-11
- Thrift Savings Plan, Retirement Benefits Court Order procedures, retrieved 2026-10-11
Every government figure on this page carries its source and retrieval date. Worked examples are educational estimates on the assumptions shown, not a projection of any person's benefit. FFEBA is an education organization, not a financial advisor.
