---
kind: "section"
citation: "22 C.F.R. § 19.6-5"
title: "22"
number: "19.6-5"
heading: "Preliminary review."
url: "https://uscodex.org/cfr/22/19.6-5"
---

# §19.6-5. Preliminary review.

- (a) Upon receipt of an application for payment under [§ 19.6-3](/cfr/22/19.6-3.md), PER/ER/RET will determine whether—
  - (1) The application is complete;
  - (2) The applicant is an eligible beneficiary under this chapter; and
  - (3) **The court order is a qualifying order.** If the application is completed, the beneficiary is eligible and the court order appears on its face to be a qualifying order, PER/ER/RET will provide the notification required by [§ 19.6-6](/cfr/22/19.6-6.md), otherwise, it will notify the applicant of any deficiency or requirement for additional information, and if the order is determined to be non-qualifying, the basis for such determination.
- (b) Upon receipt of a certified copy of a final decree of divorce, PER/ER/RET will determine whether—
  - (1) **It is a valid decree.** Any decree recognized as valid by the parties will be considered valid for this purpose. In addition, any non-recognized decree will be considered valid for this purpose unless:
    - (i)
      - (A) Neither party was domiciled within the court's jurisdiction, and
      - (B) The party denying recognition did not participate in the proceedings, or
    - (ii) The party denying recognition was not afforded notice of the proceedings (actual or constructive);
  - (2) A related court order has been submitted by either party; and
  - (3) A pro rata share payment is or may become due the former spouse. If a divorce decree is deemed valid under this paragraph, a pro rata share payment is due a former spouse unless PER/ER/RET is in receipt of a court order which it has deemed qualified under [paragraph (a)](#a) of this section, or a valid spousal agrement providing otherwise. If it determines that a pro rata share payment is due, it will provide the notification required by [§ 19.6-6](/cfr/22/19.6-6.md), otherwise, unless action is being taken pursuant to a related court order, it will notify both parties to the divorce the reason a pro rata share payment is not payable.

## Notes

### Amendments

[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]

### Authority

Authority: Secs. 206 and 801 of Foreign Service Act of 1980 (94 Stat. 2079, 2102); Sec. 4 of Act of May 26, 1949 (22 U.S.C. 2658).

### Source

Source: 46 FR 12958, Feb. 19, 1981, unless otherwise noted. Redesignated at 46 FR 18970, Mar. 27, 1981.

### Amendments

[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]