50 U.S.C. § 2032 — Annuities for former spouses

(a) Former spouse share of participant’s annuity

(1) Pro rata share. Unless a “spousal agreement” or court order under section 2094(b) says otherwise, a former spouse of a participant, former participant, or retired participant is entitled to an annuity as follows.

(A) If the former spouse was married to the participant throughout the participant’s “creditable service,” the annuity equals 50 percent of the participant’s annuity.

(B) If the former spouse was not married to the participant throughout that service, the annuity equals a proportion of 50 percent. The proportion is the number of days the former spouse was married to the participant during the participant’s creditable service under this subchapter, divided by the total number of days of that creditable service.

(2) Disqualification before age 55. A former spouse does not qualify if, before the annuity starts, the former spouse remarries before age 55.

(3) Start. The annuity starts on the day the participant whose service supports it becomes entitled to an annuity under this subchapter, or on the first day of the month after the divorce or annulment becomes final, whichever is later.

(4) End. The annuity and the right to it end on either:

(A) the last day of the month before the former spouse dies or remarries before age 55; or

(B) the date the participant’s annuity ends, except for an annuity covered by paragraph (5)(B).

(5) Treatment of participant’s annuity.

(A) Reduction. Reduce the participant’s annuity by the amount paid to a former spouse under this subsection based on that participant’s service. Ignore this reduction when calculating a survivor annuity for a spouse, former spouse, or other survivor under this subchapter, and when calculating a reduction to provide survivor benefits under subsection (b) or section 2031(b).

(B) Annuitant returns to service. If an annuitant whose annuity was reduced under (A) is recalled under section 2111, reinstated or reappointed as a recovered disability annuitant, or reemployed under sections 2112 and 2113, reduce that person’s pay by the same amount by which the annuity would have been reduced if it had continued. Deposit the amounts of those reductions in the Treasury for the fund’s credit.

(6) Disability annuitant. Despite paragraph (3), for a former spouse of a disability annuitant, the annuity begins on the later of the date the participant would qualify, based on creditable service, for a non-disability annuity under this subchapter or the date the disability annuity begins. Calculate the former spouse’s amount using the annuity for which the participant would otherwise qualify.

(7) Election of benefits. A former spouse does not become entitled to an annuity from the fund unless the former spouse elects it instead of any survivor annuity available under this or another retirement system for Government employees because of marriage to someone other than the participant.

(8) Multiple former spouses. A spousal agreement or court order under section 2094(b) involving a participant may not provide former-spouse annuities, alone or together, that exceed the participant’s annuity.

(b) Former spouse survivor annuity

(1) Pro rata share. Subject to an election under section 2031(b)(1)(B) or (C), and unless a spousal agreement or court order under section 2094(b) expressly says otherwise, a former spouse surviving an annuitant is entitled to:

(A) 55 percent of the annuitant’s unreduced annuity calculated under section 2031(a), if married to the annuitant throughout the annuitant’s creditable service; or

(B) if not married throughout that service, the proportion of that 55 percent that equals the days of marriage during the participant’s creditable service divided by the total days of that service.

(2) Disqualification before age 55. A former spouse does not qualify if, before the annuity starts, the former spouse remarries before age 55.

(3) Start, end, and restoration. The fund starts the survivor annuity the day after the annuitant dies. It ends on the last day of the month before the former spouse dies or remarries before age 55. If it ended because of remarriage, restore it at the same rate when that remarriage ends because of death, annulment, or divorce, but only if any lump sum paid when it ended is returned to the fund.

(4) Amount.

(A) Maximum. For one participant, the total survivor annuity or combination of survivor annuities under this subsection and section 2031(b)(3) may not exceed 55 percent of the participant’s full annuity calculated under section 2031(a).

(B) Other survivor annuities. After a survivor annuity is provided for a former spouse, another individual may receive one under this subsection or section 2031(b)(3) only from the part of the maximum that is not committed to survivor benefits for a former spouse whose future right has not ended because of death or remarriage.

(C) Court order after death. After a participant or retired participant dies, a court order under section 2094(b) may not change the former spouse’s annuity amount under this section.

(5) End of former spouse’s entitlement.

(A) Recalculation. If a retired participant’s former spouse dies or remarries before age 55, and the participant’s annuity was reduced for that former spouse’s survivor annuity, recalculate and pay the participant’s annuity from the first day of the month after the death or remarriage as if it had not been reduced, unless (B) applies.

(B) Election for spouse. Subject to paragraph (4)(B), the participant may, within 2 years after receiving notice of the former spouse’s death or remarriage, elect in writing to keep the reduction and provide a higher survivor annuity under section 2031(b)(3) for a spouse.

(c) Optional additional survivor annuities for another former spouse or surviving spouse

(1) In general. If a participant provides a former spouse a survivor annuity under subsection (b), either the participant may elect, or a spousal agreement or court order under section 2094(b) may provide, an additional survivor annuity under this subsection for another former spouse or a spouse who survives the participant. The participant must satisfactorily pass a physical examination prescribed by the Director^*.

(2) Limit. Neither the total survivor annuities under this subsection for one participant nor the survivor annuities under this section or section 2031 for any one spouse or former spouse may exceed 55 percent of the participant’s unreduced annuity calculated under section 2031(a).

(3) Payment for additional annuities.

(A) Ways to provide it. Under the Director’s regulations, the participant may provide an annuity by reducing the annuity, allotting money from basic pay, paying a lump sum or installments to the fund, or using any combination of these methods.

(B) Actuarial equivalence. The present value of all amounts that will go into the fund under (A) must equal the value of the annuity on an actuarial basis. The Director calculates this using mortality tables the Director prescribes from time to time.

(C) Death or disqualification of former spouse. If a former spouse dies before the participant or remarries before age 55—or, for a spouse, dies before the participant or does not become a qualifying former spouse when the marriage ends—then:

(i) if an annuity reduction or pay allotment under (A) applies, recalculate the annuity as if it had not been reduced, or end the pay allotment, as applicable; and

(ii) refund amounts paid into the fund under (A), but only to the extent they exceeded the actuarial cost of the benefits provided during that period, as determined under the Director’s regulations.

(D) Recalculation after former spouse’s death or remarriage. Under the Director’s regulations, recalculate the annuity, end or adjust a pay allotment, and provide a refund if appropriate, in a comparable way to (C), to reflect ending or reducing future benefits for a spouse when a former spouse dies or remarries before age 55 and this section provides the spouse a higher annuity.

(4) Start and end. An annuity under this subsection for a spouse or former spouse begins the day after the participant dies. It ends on the last day of the month before the spouse or former spouse dies or remarries before age 55.

(5) No COLA provision. Section 2131 does not apply to an annuity under this subsection unless the Director’s regulations authorize it.