22 U.S.C. § 4071j — Former spouses

(a) Share of benefits. (1)(A) Unless a spousal agreement or court order^* expressly provides otherwise, a former spouse is entitled to a share under (2) of all benefits otherwise payable to a participant^* under this part if the former spouse was married to the participant for at least 10 years during creditable service, including at least 5 years while the participant was in the Foreign Service. (B) The share period starts on the first day of the month after the divorce or annulment becomes final and ends at the end of the month before the former spouse dies or remarries before age 55. (2) The share is (A) 50 percent if the marriage lasted through all the participant’s creditable service, or (B) a pro rata share of 50 percent otherwise. (3) A former spouse is not qualified if, before benefits begin, the former spouse remarries before age 55. (4)(A) For title 26, payments are income of the former spouse, not the participant. (B) Reductions in the participant’s payments because of these payments are ignored when calculating a survivor annuity or a reduction to provide survivor benefits. (5) For a former spouse of a disability annuitant, the annuity begins on the later of the date the participant would qualify for a non-disability annuity based on creditable service or the date the disability annuity begins. Its amount is based on the annuity for which the participant would otherwise qualify. (6)(A) A former spouse receiving a benefit that otherwise would be paid to the participant may make any payment-method election the participant could have made, and the participant may choose another method for the remaining share. The elections may not increase the actuarial present value of expected benefits. (B) The former spouse may not choose a title 5 chapter 84 method that provides a survivor annuity to the former spouse’s survivor. (7) The maximum payable to a former spouse is any difference between 50 percent of the former participant’s total authorized benefits, ignoring other apportionments, and the total amount payable to all others at that time.

(b) Survivor benefits. (1) Unless an agreement or court order expressly provides otherwise, a former spouse who met subsection (a)(1)(A)’s marriage periods receives a share under (2) of survivor benefits that otherwise would go to an eligible surviving spouse. (2) The share is (A) 100 percent if the marriage lasted through all creditable service, or (B) a pro rata share of 100 percent otherwise. (3) The former spouse is disqualified if, before benefits begin, the former spouse remarries before age 55.

(c) No reduction of former spouse’s entitlement. A participant or former participant may not make or change an election under the listed title 5 sections, or another Thrift Savings Plan or basic-plan annuity provision, if doing so would reduce a former spouse’s benefit under this section or a current spousal agreement.

(d) Transfer from the earlier system^*. If a member becomes a participant after qualifying under part I, has a former spouse entitled under part I to benefits determined under section 4054 or 4055 that the Secretary finds are similar to a pro rata division, and the new System service is not used in determining that share, subsections (a) and (b) do not apply. Otherwise, they apply.

(e) Death before deferred annuity eligibility. If a participant dies after at least 18 months of service, or a former participant dies entitled to a deferred annuity but before eligibility to receive it, and the person left with the Secretary a spousal agreement promising a former spouse a survivor-annuity share under title 5 chapter 84 subchapter IV, that annuity is paid under this part as though a court had ordered it.