For federal government employees
How does a prenup address my FERS pension and TSP account?
Your FERS pension and Thrift Savings Plan follow federal rules, not the rules that apply to most private-sector retirement accounts. Dividing either one after a divorce requires a court order that meets specific federal requirements, and a prenup can address up front how the value that builds during the marriage is meant to be treated. Neptune is the lawyer-led online prenup service: both partners get their own lawyer for one flat fee.
$5,000 flat fee per couple. No payment to get started.
Total compensation
Federal pay is more than the number on the offer letter
A pension accrual, a TSP match, and a government-subsidized health premium can add up to a meaningful share of total compensation, on top of base salary. A prenup that only mentions the paycheck can miss most of what a federal career is actually worth.
| Component | Example | Where it shows up |
|---|---|---|
| Base salary | GS grade and step, plus locality pay | What shows up on a pay stub |
| FERS pension accrual | About 1% of salary per year of service (1.1% at 62+ with 20+ years) | Builds toward a lifetime annuity |
| TSP agency match | Up to 5% of salary (1% automatic plus matching) | Deposited into the employee’s TSP account |
| FEHB government share | A large share of the health premium | Can exceed $20,000 a year for family coverage |
Amounts vary by grade, step, locality, years of service, and TSP contribution rate. Figures shown are illustrative, not a projection for any individual employee.
Federal rules, not private-sector rules
Three benefits that don’t divide the way a 401(k) does
The FERS pension
A FERS pension is calculated from years of service and a high-3 average salary, and it is not automatically part of a court order the way many people assume. Dividing it after divorce requires a specific court order that meets federal formatting rules, distinct from the private-sector rules that apply to most 401(k) plans. A prenup can address up front how pension value that accrues during the marriage is treated.
The Thrift Savings Plan
TSP accounts are not divided under the same qualified domestic relations order (QDRO) process used for private retirement plans. A Retirement Benefits Court Order (RBCO) has its own federal requirements, including stating the award as a specific dollar amount or percentage rather than a formula tied to future value. A prenup can clarify how TSP contributions and growth during the marriage are meant to be characterized, which can make that future court order simpler to draft if it is ever needed.
FEHB and survivor benefits
A former spouse may in some cases keep Federal Employees Health Benefits coverage, and a court order can award a former-spouse survivor annuity from a FERS pension. Both require the court order to meet specific federal requirements at the time of divorce, not just a general property settlement. A prenup cannot make these elections for you, but it can record each partner’s expectations about survivor coverage before the marriage begins.
How Neptune works
Three steps to a prenup that accounts for federal benefits
Federal-aware intake
Neptune asks about your agency, retirement system (FERS or CSRS), years of service, and TSP contributions in plain language. No legal jargon required.
Two independent attorneys
Each partner is connected with a separate, licensed attorney who can review how federal retirement benefits interact with your state’s property law.
An agreement built around federal rules
Your attorney drafts terms that can address FERS pension treatment, TSP characterization, and FEHB or survivor benefit expectations. Turnaround is typically around 3 to 4 weeks.
Transparent pricing
One flat fee. Two independent attorneys.
$5,000
per couple, total
Rush pricing applies when the wedding is within 45 days. No payment required to get started.
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Guides on assets, debt, and equity
Start with the guides other couples read before they begin, then take the next step when you are ready.
Common questions from federal employees
Is my FERS pension automatically divided if we divorce?
No. A FERS pension is not automatically split. A former spouse can only receive a share of it if a court issues an order that meets specific federal requirements, stating the award as a fixed amount, a percentage, or a formula OPM can compute without outside information. A prenup can address up front how pension value accrued during the marriage is meant to be treated, which can make any future court order more straightforward to prepare. Your attorney can review how this interacts with your state’s property rules.
How is my TSP account different from a regular 401(k) in a divorce?
The Thrift Savings Plan uses its own process, called a Retirement Benefits Court Order (RBCO), rather than the qualified domestic relations order (QDRO) process used for most private-sector plans. An RBCO must expressly reference the Thrift Savings Plan and state the award as a specific dollar amount or a percentage of the account, not an open-ended formula. A prenup can clarify how contributions and growth during the marriage should be characterized. Your attorney can help make sure any future order meets the TSP’s formatting requirements.
Can my former spouse keep my federal health insurance after a divorce?
In some circumstances, a former spouse may be eligible to enroll in their own FEHB coverage under the Spouse Equity provisions, separate from staying on the employee’s plan. Eligibility depends on meeting specific requirements at the time of the divorce. A prenup does not make this election, but it can help both partners understand and discuss expectations about health coverage before the marriage begins. Your attorney can review how this applies to your situation.
What is a survivor annuity, and does a prenup address it?
A survivor annuity pays a portion of a FERS or CSRS pension to a former spouse after the retiree’s death, but only if a court order expressly awards it and meets OPM’s requirements. It is a separate election from the pension division itself. A prenup can record what each partner expects about survivor coverage, which your attorney can factor into broader estate and retirement planning conversations.
What does it cost and how long does it take?
Neptune charges a flat fee of $5,000 per couple, which covers two independent attorneys, one for each partner. No payment is required to get started. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys. Rush pricing applies when the wedding is within 45 days.