Pensions Dedicated to Securing the Best Possible Outcome for You

Manassas Pension Lawyers

Boutique Law Firm with Strong Advocacy

Our lawyers at Family Law Group have significant years of experience with private, military, and government retirement benefits and pension plans. We are a team of dedicated and compassionate attorneys committed to your case, and we will go the extra mile to provide you the legal guidance you need, especially as you examine the legal nuances of your Virginia retirement orders.

Pensions and Survivor Options

For people their retirement accounts such as 401Ks, IRAs, or thrift savings plans (TSP”) and benefits such as pensions are their largest assets that may be divisible in a divorce action. For most government, military and private sector employees that maintain a pension it is important to understand that the pension may be divisible in the divorce even though it is not yet earned or not yet in payout status.

Additionally, there are certain benefits that are afforded retirees and their spouses through pensions. For example most government, military and some private pension plans, a retiree can elect to pay for a survivor annuity by receiving a lower monthly benefit during their retirement so that their survivor can receive a monthly benefit after their death. If they choose this option, they will decide on a whole percentage of their benefit, between 10% and 100%, to go to their survivor. The benefit amount will be based on this percentage, the individual’s age, and the age of their survivor at their disability retirement date. Note that a person can name more than one survivor, though the Internal Revenue Service (IRS) may limit the amount of benefits that can go to a non-spouse survivor.

Be aware that individuals who are divorced and have an Qualified Domestic Relations Order (QDRO) or Court Order Acceptable for Processing (COAP) on file must have their benefit paid as directed by the QDRO, which states that following divorce, if a member’s retirement benefit is part of a marital property settlement, the court will make a payment of part of the member’s benefit to the former spouse.

Learn more about Virginia’s treatment of retirement benefits by visiting our Retirement Orders page.

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Read What Past Clients Have to Say
  • “It's true that some things are priceless, and the guidance and good counsel you gave to me definitely qualifies.”

    - Satisfied Client
  • “I highly recommend Donna to anyone seeking a family law attorney. Her guidance, compassion and legal expertise were exactly what I needed during the tumultuous proceeding and I am pleased she advocated for and not against me.”

    - T.M., Parent
  • “Donna was straightforward about what the process would entail and accurate about her cost estimate. Should it be necessary I would also gladly use her services again!”

    - K.B., Parent of Two Young Children
  • “She had an uncanny ability to discern my ex’s motivations and provided an extremely creative solution to our dispute. She protected my interests as if they were her own.”

    - M.A., Recently Divorced
  • “Donna, Caitlin, Gretchen, Lisa, and Cristina supported me when I needed the support to help me accomplish what I needed to for my family.”

    - Satisfied Client