5 CFR §843.312

1. (a)Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under subpart F of part 842 of this chapter.
2. (b)A current spouse annuity may not exceed the difference between—
   1. (1)The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and
   2. (2)The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under subpart F of part 842 of this chapter or a qualifying court order.
3. (c)The basic employee death benefit paid to a current spouse may not exceed the difference between—
   1. (1)The amount that would otherwise be payable to the current spouse under § 843.310; and
   2. (2)The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.