---
kind: "section"
citation: "22 C.F.R. § 19.7-2"
title: "22"
number: "19.7-2"
heading: "Agreement with spouse."
url: "https://uscodex.org/cfr/22/19.7-2"
---

# §19.7-2. Agreement with spouse.

- (a) A spousal agreement between a participant and a spouse may waive or fix the level of a regular survivor annuity under [§ 19.11-3](/cfr/22/19.11-3.md). If an agreement is filed, it will assure the spouse that the agreed-upon level of survivor annuity will be paid, irrespective of a future divorce provided the survivor meets the definition of “former spouse” in [§ 19.2(k)](/cfr/22/19.2.md?p=k). If an agreement is not filed, the participant's annuity will be reduced under [§ 19.10-2](/cfr/22/19.10-2.md) to provide the maximum regular survivor annuity for the spouse, but in the event of a future divorce if the spouse meets the definition of “former spouse,” that person will be entitled only to a pro rata share of the survivor annuity. An agreement under this paragraph may be filed with PER/ER/RET at any time prior to retirement (commencement of the principal's annuity).
- (b) A spousal agreement between an annuitant and a spouse filed with PER/ER/RET before commencement of a supplemental annuity for recall service may waive a supplemental survivor annuity that would otherwise be provided for a spouse under [§ 19.10-6](/cfr/22/19.10-6.md).
- (c) A spousal agreement between a participant or former participant and a spouse may be filed with PER/ER/RET at any time in accordance with [§ 19.10-5](/cfr/22/19.10-5.md) and provide for an additional survivor annuity for the spouse.
- (d) A spousal agreement filed under paragraph [(a)](#a), [(b)](#b), or [(c)](#c) remains valid and binding in the event of divorce if the spouse qualifies as a former spouse.

## Notes

### 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.