US Code

Public Law 119-83 (04/13/2026)

50 U.S.C. § 2035

Retirement annuity for certain former spouses

(a)

Retirement annuity

An individual who was a former spouse of a participant, former participant, or retired participant on , and any former spouse divorced after , from a participant or former participant who retired before , shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity—
(1)
if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
(2)
if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such annuity.
(b)

Limitations

A former spouse is not entitled to an annuity under this section if—
(1)
the former spouse remarries before age 55, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
(2)
the former spouse is less than 50 years of age.
(c)

Commencement and termination

(1)

Retirement annuities

The entitlement of a former spouse to an annuity under this section—
(A)
shall commence on the later of—
(i)
the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under this subchapter;
(ii)
the first day of the month in which the divorce or annulment involved becomes final; or
(iii)
such former spouse’s 50th birthday; and
(B)
shall terminate on the earlier of—
(i)
the last day of the month before the former spouse dies or remarries before 55 years of age, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
(ii)
the date on which the annuity of the participant terminates.
(2)

Disability annuities

Notwithstanding paragraph (1)(A)(i), in the case of a former spouse of a disability annuitant—
(A)
the annuity of the former spouse shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under this subchapter (other than disability annuity) or the date the disability annuity begins, whichever is later; and
(B)
the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.
(3)

Election of benefits

A former spouse of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.

(4)

Application

(A)

Time limit; waiver

An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than . The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.

(B)

Retroactive benefits

Upon approval of an application under subparagraph (A), the appropriate annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before .

(d)

Restoration of annuities

Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such annuity is restored under subsection (b)(1) or (c)(1)(B).

(e)

Savings provision

Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this subchapter.

Pub. L. 88–643, title II, § 225Pub. L. 102–496, title VIII, § 802106 Stat. 3218 Pub. L. 103–178, title II, § 202(a)(7)107 Stat. 2026 (, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

section 225 of Pub. L. 88–643Pub. L. 100–178, title IV, § 401(a)101 Stat. 1012 Pub. L. 100–453, title III, § 302(c)(1)102 Stat. 1907 Pub. L. 102–88, title III, § 307(b)105 Stat. 433 section 403 of this titlePub. L. 88–643section 802 of Pub. L. 102–496A prior , as added , , ; amended , , ; , , , related to retirement benefits for certain other former spouses and was set out as a note under prior to the general amendment of by .

Amendments

Pub. L. 103–178, § 202(a)(7)(A)1993—Subsec. (c)(3). , substituted “any survivor annuity” for “any other annuity”.

Pub. L. 103–178, § 202(a)(7)(B)Subsec. (c)(4)(A). , substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Pub. L. 103–178section 202(b) of Pub. L. 103–178section 2001 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 805 of Pub. L. 102–496section 2001 of this titleSection effective on first day of fourth month beginning after , see , set out as a note under .