§4069a–1 Retirement benefits for certain former spouses

Summary

Former spouses who were divorced from a participant or former participant on February 14, 1981, can get part of the participant’s retirement benefits if money is available and they are not disqualified. If the former spouse was married to the participant for the participant’s entire creditable service, they can get 50 percent of the participant’s benefits. If they were not married for the whole period, they get a pro rata share of that 50 percent. A former spouse cannot get payments if they remarried before age 55 or if they were not married at least 10 years during the participant’s creditable service, with at least 5 of those years while the participant was in the Foreign Service. Payments begin on the later of the date the participant becomes eligible or the month the divorce is final, and stop when the former spouse dies, remarries before 55, or the participant’s benefits end. For disability annuitants, start date and amount follow special rules tied to non‑disability eligibility or the disability start date. To receive payments, the former spouse must file a written application with required documents to the Secretary within 30 months after the law’s effective date; the Secretary may waive that deadline. Benefits may be paid for past eligible periods after approval but not for any time before the law took effect. “Benefits” means the participant’s annuity or the benefits under the applicable part. These rules do not reduce the participant’s own annuity.