5 U.S.C. § 8445 — Rights of a former spouse

(a) Who qualifies. A former spouse^* of a deceased employee^*, Member^*, or annuitant^* (or of a former employee or Member who died after leaving service^* with a right to a deferred annuity but before formally claiming it) can get an annuity under this section, but only to the extent it's specifically provided for in an election made under section 8417(b), or in the terms of a divorce or annulment decree, court^* order, or court-approved property settlement tied to that decree.

(b) Amount limits.
(1) A former spouse's annuity under this section can't be more than the difference between the amount that applies to them under paragraph (2), and any amount already going to another former spouse of the same deceased person, based on an earlier election under section 8417(b) or an earlier court order or agreement.
(2) The applicable amount for a former spouse is whatever they would get under section 8442 (including its subsection (f), but ignoring its subsection (h)) if they were a widow^* or widower^* entitled to an annuity based on the deceased person's service.

(c) When it starts and ends. The start and end of the annuity generally follow the terms of the relevant order, decree, agreement, or election, except: it can never start before the day after the employee, Member, or former employee/Member dies, or the first day of the second month after the retirement Office^* receives proper written notice of the order, decree, agreement, or election (whichever is later); and — except as provided in subsection (h) — it ends no later than the last day of the month before the former spouse remarries before turning 55, or dies.

(d) Modifications made too late don't count. A modification made to the divorce decree, order, agreement, or election after the employee's, Member's, or former employee's/Member's retirement or death does not count for purposes of this chapter, to the extent it affects an annuity under this section.

(e) Conflicts with an earlier waiver. A decree, order, agreement, or election under this section has no effect on a former spouse if it conflicts with a joint waiver that spouse previously signed under section 8416(a).

(f) Redirecting the lump-sum death benefit. Any amount under section 8442(b)(1)(A) that would otherwise go to a widow or widower can instead be paid, in whole or part, to a former spouse of that person, if a court decree of divorce, annulment, or legal separation, or a related court order or property settlement, specifically provides for it. This only applies to payments made after the retirement Office receives proper written notice of the decree, order, or agreement, plus any further information it requires.

(g) One payment settles it. Once a payment under this section is made to someone, no one else can also claim that same payment.

(h) 30-year-marriage exception. The rule ending the annuity because of remarriage before age 55 does not apply if the former spouse was married to the deceased person for at least 30 years. A remarriage under those circumstances is also not counted for purposes of section 8419(b)(1)(B) or any other provision the retirement Office identifies by regulation for carrying out this exception.