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5 U.S.C. § 8445 — Rights of a former spouse
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
**(b)**
(1) The annuity payable to a former spouse under this section may not exceed the difference between—
(A) the amount applicable in the case of such former spouse, as determined under paragraph (2); and
(B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).
(2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.
**(c)** The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
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Source file: Laws/federal/codes/united-states-code/title-5/section-8445-rights-of-a-former-spouse--40dfbc0cd7.md
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Source location: Title 5, Chapter 84, § 8445; chapter-084-federal-employees-retirement-system.md
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**(a)** Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
**(b)**
(1) The annuity payable to a former spouse under this section may not exceed the difference between—
(A) the amount applicable in the case of such former spouse, as determined under paragraph (2); and
(B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).
(2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.
**(c)** The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(1) shall not commence before—
(A) the day after the employee, Member, or annuitant, or former employee or Member, dies; or
(B) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe;
whichever is later; and
(2) except as provided in subsection (h), shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.
**(d)** For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective—
(1) if such modification is made after the retirement or death of the employee, Member, or annuitant, or former employee or Member, concerned; and
(2) to the extent that such modification involves an annuity under this section.
**(e)** For purposes of this chapter, a decree, order, agreement, or election referred to in subsection (a) shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under section 8416(a).
**(f)**
(1) Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.
(2) Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe.
**(g)** Any payment under this section to a person bars recovery by any other person.
**(h)**
(1) Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.
(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “widow” means the surviving wife of an employee or Member who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) “widower” means the surviving husband of an employee or Member who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) “dependent”, in the case of any child, means that the employee or Member involved was, at the time of the employee or Member’s death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
(4) “child” means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8341
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) A married employee or Member (or former employee or Member) may withdraw all or part of a Thrift Savings Fund account under subsection (b)(2), (3), or (4) of [section 8433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim) or change a withdrawal election only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B). A married employee or Member (or former employee or Member) may make a withdrawal from a Thrift Savings Fund account under subsection (c)(1) of [section 8433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433&num=0&edition=prelim) only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B).
(B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee’s or Member’s spouse (or the former employee or Member and the former employee’s or Member’s spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under [section 8434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8434&num=0&edition=prelim) or subsection (b).
(2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)—
(A) that the spouse’s whereabouts cannot be determined; or
(B) that
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8435
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Former spouse share of participant’s annuity**
(1) **Pro rata share** — Unless otherwise expressly provided by a spousal agreement or court order under [section 2094(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2094/b&num=0&edition=prelim), a former spouse of a participant, former participant, or retired participant is entitled to an annuity—
(A) if married to the participant, former participant, or retired participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
(B) if not married to the participant throughout such creditable service, equal to that proportion of 50 percent of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this subchapter bears to the total number of days of such creditable service.
(2) **Disqualification upon remarriage before age 55** — A former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age.
(3) **Commencement of annuity** — The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this subchapter or on the first day of the month after the divorce or annulment involved becomes final, whichever is later.
(4) **Termination of annuity** — The annuity of such former spouse and the right thereto terminate on—
(A) the last day of the month before the month in which the former spouse dies or remarries before 55 years of age; or
(B) the date on which the annuity of the pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2032
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Federal law — U.S. Code and appendices · legal_authorities
Page 1177
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8445
(3) The applicable amount under this para-
graph for any month is the total amount of
child’s insurance benefits which are payable (or
would, on proper application, be payable) under
title II of the Social Security Act for such
month based on the wages and self-employment
income of such annuitant, employee, or Member.
(b) The annuity of a child under this sub-
chapter—
(1) commences on the day after the annu-
itant, employee, or Member dies;
(2) commences or resumes on the first day of
the month in which the child later becomes or
again becomes a student as described by sec-
tion 8441(4), if any lump sum paid is returned
to the Fund; or
(3) commences or resumes on the first day of
the month in which the child later becomes or
again becomes incapable of self-support be-
cause of a mental or physical disability in-
curred before age 18 (or a later recurrence of
such disability), if any lump sum paid is re-
turned to the Fund.
This annuity and the right thereto terminate on
the last day of the month before the child—
(A) becomes 18 years of age unless then a
student as described or incapable of self-sup-
port;
(B) becomes capable of self-support after be-
coming 18 years of age unless then such a stu-
dent;
(C) becomes 22 years of age if then such a
student and capable of self-support;
(D) ceases to be such a student after becom-
ing 18 years of age unless then incapable of
self-support; or
(E) dies or marries;
whichever occurs first. On the death of the sur-
viving wife or husband, or former wife or hus-
band, or termination of the annuity of a child,
the annuity of any other child or children shall
be recomputed and paid as though the wife or
husband, former wife or husband, or child
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8445
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