---
kind: "section"
citation: "5 C.F.R. § 838.1005"
title: "5"
number: "838.1005"
heading: "Applications by former spouse."
url: "https://uscodex.org/cfr/5/838.1005"
---

# §838.1005. Applications by former spouse.

- (a) A former spouse (personally or through a representative) must apply in writing to be eligible for benefits under this subpart. No special form is required.
- (b) The application letter must be accompanied by—
  - (1) A certified copy of the court order granting benefits under CSRS; and
  - (2) A statement that the court order has not been amended, superseded, or set aside; and
  - (3) Identifying information concerning the employee, Member, or retiree such as his or her full name, claim number, date of birth, and social security number, if available; and
  - (4) **The mailing address of the former spouse.**
- (c) When payments are subject to termination upon remarriage, no payment shall be made until the former spouse submits to the Associate Director a statement on the form prescribed by OPM certifying—
  - (1) That a remarriage has not occurred; and
  - (2) That the former spouse will notify the Associate Director within 15 calendar days of the occurrence of any remarriage; and
  - (3) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage. The Associate Director may subsequently require recertification of these statements.

## Notes

### Source

Source: 50 FR 20077, May 13, 1985, unless otherwise noted. Redesignated at 57 FR 33596, July 29, 1992.

### Authority

Authority: 5 U.S.C. 8347(a) and 8461(g). Subparts B, C, D, E, J, and K also issued under 5 U.S.C. 8345(j)(2) and 8467(b). Sections 838.221, 838.422, and 838.721 also issued under 5 U.S.C. 8347(b).

### Source

Source: 57 FR 33574, July 29, 1992, unless otherwise noted.