{"data":{"id":"us/5-cfr-838.221","jurisdiction":"us","citation":"5 CFR 838.221","heading":"Application requirements.","body":"(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required.\n(b) The application letter must be accompanied by—\n(1) A certified copy of the court order acceptable for processing that is directed at employee annuity;\n(2) 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spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;\n(3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth,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;\n(4) The current mailing address of the former spouse; and\n(5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee.\n(c)(1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying—\n(i) That a remarriage has not occurred;\n(ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and\n(iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage.\n(2) OPM may subsequently require periodic recertification of the statements required under paragraph (c)(1) of this section.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 838—COURT ORDERS AFFECTING RETIREMENT BENEFITS","Subpart B—Procedures for Processing Court Orders Affecting Employee Annuities"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"3c27c2a27dffd789a0d4b8333ebad4df55117a667c9bad808ec51dfa5ee3271e","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-838.211","next":"us/5-cfr-838.222"},"notice":"GroundRules: Original legal text. Not legal advice."}