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Order Assigning Civil Service Retirement Benefit to Former Spouse

Guest Jay Van Heyde

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Guest Jay Van Heyde

I have an unfortunate set of facts. A long term Post Office employee and his spouse divorced in April, 2000. In the marital settlement agreement (which was incorporated into the final judgment), the parties agreed that "Wife is entitled to one half of Husband's pension from the United States Postal Service. Said pension shall be payable by QUADRO (sic)." I'm sure they meant "QDRO" but they really should of said by "Order Assigning Civil Sservice Retirement Benefit to Former Spouse."

For some reason, the parties waited a year to ask me to draft the "Order." When I asked for information, the former-wife's family lawyer contacted the former husband's family lawyer for the information and was informed that the Post Office employee (the husband) had died several months earlier.

Although the ex-wife was named as the "survivor beneficiary" the Office of Personnel Management said she could not get a survivor benefit because the divorce decree makes no reference to any survivor benefits.

I've also was informed that OPM would not accept the "Order" now because the husband/employee was deceased.

I'm looking for someone with experience with this type of situation specifically or at least a good deal of experience dealing with the OPM and the CFR provisions dealing with former spouse benefits. I'd be more than happy to refer the right person to the lady and her family lawyer.

:( This is a sad situation for this older lady.

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