I represent wife. Husband is a federal employee. We entered into a bed and board divorce for the next couple years so wife can continue as dependent on husband's health benefits. We have a draft COAP dividing husband's FERS pension including awarding the wife a former spouse survivor annuity. I planned to hold the draft order in my file until the conversion, and then file it with the court and send to OPM. It is my understanding that OPM will not enter the COAP without a final JOD, but if someone has successfully had a COAP accepted by OPM under a B&B divorce, please let me know. As I am rethinking (or overthinking) I am concerned that if Husband dies before conversion is completed, without the COAP on file, if wife is considered the "former spouse", her survivor benefits are not secured. My understanding is that OPM guidelines will follow state law so that if NJ still considers the spouses married (in a B&B divorce), wife remains protected in that she will be treated as surviving spouse for the survivor benefits.
If anyone has a definitive answer please advise.
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Barbara Feinberg Esq.
Rockaway NJ
(973)586-0707
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