Herndon, Virginia · Retirement Account Division
Herndon is full of federal employees, contractors, and tech professionals, so a retirement account is often the largest asset in the divorce. Here is the part that trips people up: the document that splits a private 401(k) will not work on a federal TSP or pension. Let me explain what actually gets divided, and the right order for each kind of account.
By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on retirement accounts alone.
Only the marital share gets divided
A retirement account is rarely split down the middle in full. Only the marital share is divided, which is generally the contributions and growth that built up during the marriage. What you saved before the wedding usually stays separate. For a pension, courts often measure the marital share with a coverture fraction, comparing the years of marriage to the total years of service. The framework comes from Va. Code § 20-107.3(G).
Two kinds of accounts, two ways to divide
Retirement comes in two basic shapes, and they divide differently:
- Defined contribution plans have a balance you can see, like a 401(k), the TSP, or an IRA. These are usually divided now, by dollar amount or percentage.
- Defined benefit plans are pensions that pay a monthly benefit later, like a private or federal government pension. These are usually divided if, as, and when the benefit is paid.
The right order for each account
This is where Herndon divorces get specific, because the divorce decree alone usually does not move the money. Each type of account needs its own court order, and they are not interchangeable:
- Private 401(k) and private pension: a Qualified Domestic Relations Order (QDRO), under the federal ERISA rules.
- Federal Thrift Savings Plan (TSP): a Retirement Benefits Court Order (RBCO). The TSP does not accept a QDRO.
- Federal FERS or CSRS pension: a Court Order Acceptable for Processing (COAP), handled by the Office of Personnel Management.
- IRA: usually a trustee-to-trustee transfer authorized by the divorce decree, with no QDRO needed.
A Word About Federal Workers
Using the wrong order, or the wrong words, can cost a federal family real money. Submitting a QDRO to the TSP results in rejection. Calling a FERS pension an “account” is risky too, because the Office of Personnel Management can read that to mean only a refund of contributions, not a share of the lifetime pension. The language has to match what each plan requires.
Have a TSP, FERS pension, or 401(k) to divide?
A short conversation can map out the marital share and the right order for each account. No pressure, no commitment.
How much can a spouse receive?
For the marital portion of a retirement account, the non-employee spouse generally cannot be awarded more than half. That is a ceiling on the marital share, not on the whole account, which is one more reason the marital and separate split has to be calculated correctly before anyone signs. For the wider picture, see our retirement account division practice area page.
Where a Herndon case is heard
Herndon is part of Fairfax County, so a Herndon divorce and the division of retirement accounts are handled by the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax.
“I have seen settlements that looked fine on paper fall apart at the plan office because the order used the wrong words. With federal retirement, the language is everything.“
Corrie Sirkin, Esq. · Founding Partner
Corrie’s Practical Advice
Three steps keep a Herndon retirement split from going sideways. First, list every account and its type, a 401(k), the TSP, a FERS or CSRS pension, an IRA, because each needs a different order. Second, pin down your account balances and your service dates as of the date of separation, since those numbers set the marital share. Third, make sure the order is drafted in the exact language each plan requires, and submit it promptly, because a decree without the right order does not move a dime.
A divorce decree divides retirement on paper. The right order is what actually pays it out.
Authoritative References
Sources
- Code of Virginia, § 20-107.3(G). Division of pensions, profit-sharing, and deferred compensation in equitable distribution. law.lis.virginia.gov/vacode/title20
- Thrift Savings Plan (TSP). Court orders to divide a TSP require a Retirement Benefits Court Order (RBCO); QDRO rules do not apply. tsp.gov
- U.S. Office of Personnel Management (OPM). FERS and CSRS pensions are divided by a Court Order Acceptable for Processing (COAP). opm.gov
- Fairfax County Circuit Court. Hears divorce and property division for Fairfax County residents, including Herndon. fairfaxcounty.gov/circuit
Plan rules and order types verified against TSP and OPM guidance as of June 2026.
Frequently Asked Questions
How is a 401(k) divided in a Virginia divorce?
Only the marital share, generally the contributions and growth during the marriage, is divided. A private 401(k) is split with a Qualified Domestic Relations Order (QDRO), a separate court order the plan administrator uses to move the funds without early-withdrawal penalty. The non-employee spouse usually cannot receive more than half of the marital portion.
Can a QDRO be used to divide a federal TSP?
No. The Thrift Savings Plan does not accept a QDRO. Dividing a TSP requires a Retirement Benefits Court Order (RBCO) drafted in the specific language the TSP requires. A valid RBCO can freeze the account until the award is paid out. Submitting the wrong type of order can leave a former spouse with no enforceable claim to the funds.
How is a federal FERS or CSRS pension divided?
A federal pension is divided with a Court Order Acceptable for Processing (COAP), which the Office of Personnel Management uses to pay the former spouse’s share, usually when the employee retires. The wording matters: referring to the pension as an “account” can be read to mean only a refund of contributions rather than a share of the lifetime benefit.
What part of my retirement is marital?
Generally the contributions and growth that built up between the date of marriage and the date of separation. Savings from before the marriage are usually separate. For a pension, courts often use a coverture fraction, comparing the years married to the total years of service, to measure the marital share. Accurate balances and service dates as of separation are key.
Do I need a separate order, or is the divorce decree enough?
For most retirement accounts you need a separate order in addition to the decree. A 401(k) or private pension needs a QDRO, the TSP needs an RBCO, and a FERS or CSRS pension needs a COAP. An IRA can often be moved by a trustee-to-trustee transfer authorized by the decree. Without the correct order, the plan will not release the funds.
When You Are Ready
Let’s divide your retirement the right way.
Tell me what accounts are in play, and I will help you map the marital share and the order each one needs. The first call is a conversation, not a commitment.