5 U.S. Code § 8445. Rights of a former spouse
Subject to subsections (b) through (e), a former spouse of a deceased employee,Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
(1) The annuity payable to a former spouse under this section may not exceed the difference between—
the amount applicable in the case of such former spouse, as determined under paragraph (2); and
the amount of any annuity payable under this section to any other former spouse of the employee,Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).
The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.
(c) The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(1) shall not commence before—
whichever is later; and
(d) For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective—
to the extent that such modification involves an annuity under this section.
Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.
1997—Subsec. (c)(2). Pub. L. 105–61, § 518(b)(2)(B), substituted “except as provided in subsection (h), shall” for “shall”.
Subsec. (h). Pub. L. 105–61, § 518(b)(2)(A), added subsec. (h).