Court-Ordered Benefits

If the former spouse is awarded a maximum survivor benefit, the retiree may still elect a survivor benefit for the current spouse. However, unless the former spouse becomes ineligible for the survivor benefit for any of the reasons listed below, there will be no survivor benefit payable to the current spouse. However, should the former spouse lose entitlement to the maximum survivor annuity awarded, the survivor annuity will be payable to the current spouse. If there is no survivor benefit payable to the current spouse, the current spouse will lose eligibility to continue coverage under the Federal Employees’ Health Benefits (FEHB) program.

A former spouse survivor annuity terminates when the following occurs:

• In accordance with the terms of the court order; or
• Upon the former spouse's remarriage before age 55 (unless the marriage lasted 30 years); or
• Death of the retiree or the former spouse.

If a former spouse loses entitlement to the maximum court ordered survivor annuity, the annuitant’s current spouse would be entitled to the survivor annuity that was elected. Additionally, had the current spouse been covered by the annuitant’s FEHB plan at the time of the annuitant’s death, the current spouse would have been eligible to retain their FEHB coverage, but they would have had their enrollment transferred to the National Finance Center (NFC) where the current spouse would directly pay their premiums. In the event the current spouse becomes eligible for a survivor annuity, the FEHB would continue to be administered by NFC rather than OPM.

If a former spouse is awarded a partial survivor benefit through a court order, and the annuitant elected a maximum survivor annuity for the current spouse, the current spouse would be entitled to a survivor annuity that would be equal to the difference between the maximum survivor annuity and the partial survivor annuity awarded to the former spouse through the court order. Additionally, if the current spouse is enrolled in a FEHB plan at the time of the annuitant’s death, and the annuitant elected the maximum survivor annuity for the current spouse and a court order awards a partial survivor benefit, the current spouse would be eligible to continue their FEHB coverage with their survivor annuity that is the difference between maximum survivor annuity and the partial survivor annuity awarded to the former spouse.

If a partial former spouse survivor annuity terminates for one of the reasons listed above and the annuitant elected a maximum survivor annuity for the current spouse, the current spouse would be eligible to receive the maximum survivor annuity.