{"data":{"id":"us/5-cfr-843.312","jurisdiction":"us","citation":"5 CFR 843.312","heading":"Payment to former spouses.","body":"(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.\n(b) A current spouse annuity may not exceed the difference between—\n(1) The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and\n(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.\n(c) The basic employee death benefit paid to a current spouse may not exceed the difference between—\n(1) The amount that would otherwise be payable to the current spouse under § 843.310; and\n(2) The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS","Subpart C—Current and Former Spouse Benefits"],"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":"bcccba116e5c5e0f9e7ba9e8bb77598146ecfcb95cfc43e41e4c10c7eb782f23","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-843.311","next":"us/5-cfr-843.313"},"notice":"GroundRules: Original legal text. Not legal advice."}