5 CFR §838.721
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)
- (1)A former spouse (personally or through a representative) must apply in writing to be eligible for a former spouse survivor annuity based on a court order acceptable for processing. No special form is required to give OPM notice of the court order.
- (2)OPM may require an additional application after the death of the employee, separated employee, or retiree. This additional application will be on a form prescribed by OPM.
- (b)
- (1)The application letter under paragraph (a)(1) of this section must be accompanied by—
- (i)A certified copy of the court order;
- (ii)A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;
- (iii)Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number;
- (iv)The current mailing address of the former spouse;
- (v)If the employee has not retired or died, the mailing address of the employee; and
- (vi)A statement in the form prescribed by OPM certifying—
- (A)That the former spouse has not remarried before age 55;
- (B)That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage before age 55; and
- (C)That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage before age 55.
- (2)OPM may subsequently require recertification of the statements required by this paragraph.
- (1)The application letter under paragraph (a)(1) of this section must be accompanied by—