---
kind: "section"
citation: "5 C.F.R. § 838.733"
title: "5"
number: "838.733"
heading: "Rights of current and other former spouses after termination of a former spouse's entitlement."
url: "https://uscodex.org/cfr/5/838.733"
---

# §838.733. Rights of current and other former spouses after termination of a former spouse's entitlement.

- (a) If a former spouse of a retiree loses entitlement to a former spouse survivor annuity based on a court order acceptable for processing while the retiree is living and—
  - (1) If court orders acceptable for processing award former spouse survivor annuities to other former spouses, OPM will continue the reduction to comply with court orders in the order specified in [§ 838.135](/cfr/5/838.135.md);
  - (2) If [paragraph (a)(1)](#a-1) of this section does not obligate the entire entitlement lost by he former spouse, OPM will continue the reduction to provide a current spouse survivor annuity or a former spouse survivor annuity based on a timely-filed election under [§ 831.611](/cfr/5/831.611.md), [§ 831.612](/cfr/5/831.612.md), [§ 831.631](/cfr/5/831.631.md), [§ 831.632](/cfr/5/831.632.md), [§ 842.603](/cfr/5/842.603.md), [§ 842.604](/cfr/5/842.604.md), [§ 842.611](/cfr/5/842.611.md), or [§ 842.612](/cfr/5/842.612.md) of this chapter; or
  - (3) If paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section do not obligate the entire entitlement lost by the former spouse, the retiree (except a retiree under CSRS who retired before May 7, 1985 and who remarried before February 27, 1986) may elect within 2 years after the former spouse loses entitlement to continue the reduction to provide a survivor annuity for a spouse acquired after retirement.
- (b)
  - (1) If a former spouse of an employee or retiree loses entitlement to a former spouse survivor annuity based on a court order acceptable for processing after the death of the employee or retiree and—
    - (i) If court orders acceptable for processing award former spouse survivor annuities to other former spouses, OPM will pay the next entitled former spouse in the order specified in [§ 838.135](/cfr/5/838.135.md); or
    - (ii) If [paragraph (b)(1)](#b-1) of this section does not obligate the entire entitlement lost by the former spouse, OPM will pay the balance to a current spouse of the deceased—
      - (A) Retiree who had elected a reduced annuity to provide a current spouse annuity (as defined in [§ 831.603](/cfr/5/831.603.md) or [§ 842.602](/cfr/5/842.602.md)); or
      - (B) **Employee.**
  - (2) Except as provided in [§ 838.734](/cfr/5/838.734.md)—
    - (i) The former spouse survivor annuity based on [paragraph (b)(1)(i)](#b-1-i) of this section begins to accrue in accordance with the terms of the court order but no earlier than the later of—
      - (A) The first day of the month in which the former spouse with the earlier-issued court order loses entitlement; or
      - (B) The first day of the second month after OPM receives a copy of the court order acceptable for processing; or
    - (ii) The current spouse annuity under [paragraph (b)(1)](#b-1) (ii) of this section begins to accrue on the first day of the month in which the former spouse loses entitlement.
- (c) OPM will not authorize payment of the former spouse survivor annuity until it receives an application and supporting documentation required under [§ 838.721](/cfr/5/838.721.md).

## Notes

### Amendments

[57 FR 33574, July 29, 1992, as amended at 58 FR 52882, Oct. 13, 1993]

### 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.

### Amendments

[57 FR 33574, July 29, 1992, as amended at 58 FR 52882, Oct. 13, 1993]