republic-os/legal/us/code/title-50/chapter-38/section-2035.md

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LegalText	50 U.S.C. § 2035	Retirement annuity for certain former spouses	us	united_states_code	code_section	50	WAR AND NATIONAL DEFENSE	38	CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY	2035	50 U.S.C. § 2035	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip	/us/usc/t50/s2035	data/legal/raw/us/code/title-50/usc50.xml	0495062a011233df0ad808984616ff1873e24ed11f5ee574df72dcdc476861b7	708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac	33c98dedc82fc884a294c670deb861dd21bf51b3d3779ad3e2427103572ae725	2026-07-04	official	legal us-code

50 U.S.C. § 2035 - Retirement annuity for certain former spouses

Text

(a) Retirement annuity An individual who was a former spouse of a participant, former participant, or retired participant on November 15, 1982, and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982, 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 June 2, 1990. 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 December 2, 1987.

(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, § 225, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub. L. 103–178, title II, § 202(a)(7), Dec. 3, 1993, 107 Stat. 2026.)

Notes

Editorial Notes

Prior ProvisionsA prior section 225 of Pub. L. 88–643, as added Pub. L. 100–178, title IV, § 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub. L. 100–453, title III, § 302(c)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 102–88, title III, § 307(b), Aug. 14, 1991, 105 Stat. 433, related to retirement benefits for certain other former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Amendments1993—Subsec. (c)(3). Pub. L. 103–178, § 202(a)(7)(A), substituted “any survivor annuity” for “any other annuity”. Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), substituted “June 2, 1990” for “June 2, 1991”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 AmendmentAmendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective DateSection effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.