§2035 Retirement Annuity for Certain Former Spouses

Summary

Gives certain former spouses a retirement payment when their ex was a participant, former participant, or retired participant on November 15, 1982, and also covers people divorced after November 15, 1982 from someone who retired before that date. If the former spouse was married to the participant for the whole time the participant earned retirement credit, the payment is 50 percent of what the participant gets. If not married for the whole time, the former spouse gets a pro rata piece of that 50 percent. A former spouse cannot get this payment if they remarry before age 55 (but the payment comes back if that later marriage ends by death, annulment, or divorce) or if they are under age 50. The payment starts on the later of three things: when the participant becomes entitled to a retirement annuity, the month the divorce or annulment is final, or the former spouse’s 50th birthday. It ends when the former spouse dies, remarries before 55 (subject to restoration rules), or when the participant’s annuity ends. Special rules apply if the participant has a disability annuity—the start date and amount follow what the participant would get for a regular annuity or when the disability annuity begins. The former spouse must choose this payment instead of any survivor benefit from another government system based on a different marriage. A written application with required documents had to be filed with the Director by June 2, 1990 (the Director can waive the deadline). Approved payments can go back only as far as December 2, 1987. The deadline does not apply when an annuity is being restored after a remarriage ends. Nothing here reduces a participant’s own annuity.