Federal staff members can get a retirement benefit called the "FERS" (Federal Employees Retirement System). Based on New York divorce law, FERS may be subject to the splitting of assets. How much will be separated in the divorce will be determined by several factors. Individuals who are going through a divorce in New York should understand that their FERS retirement benefits may be a part of the division. According to federal law, a qualified domestic relations order (QDRO) can be used to divide FERS in a divorce. This is a legal order from the court that assigns a part of the benefit to the previous partner.

Under New York Divorce Law, FERS will be allocated according to the Majauskas Formula. The court will divide the years of the marriage, by the years participating in FERS. This calculation is known as the marital percentage. Generally, the court will award half of that percentage to the other spouse.

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