---
kind: "section"
citation: "5 C.F.R. § 838.804"
title: "5"
number: "838.804"
heading: "Court orders must expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity."
url: "https://uscodex.org/cfr/5/838.804"
---

# §838.804. Court orders must expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity.

- (a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing unless it expressly awards a former spouse survivor annuity or expressly directs an employee or retiree to elect to provide a former spouse survivor annuity as described in [paragraph (b)](#b) of this section.
- (b) To expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity as required by [paragraph (a)](#a) of this section the court order must—
  - (1) Identify the retirement system using terms that are sufficient to identify the retirement system as explained in [§ 838.911](/cfr/5/838.911.md); and
  - (2)
    - (i) Expressly state that the former spouse is entitled to a former spouse survivor annuity using terms that are sufficient to identify the survivor annuity as explained in [§ 838.912](/cfr/5/838.912.md); or
    - (ii) Expressly direct the retiree to elect to provide a former spouse survivor annuity using terms that are sufficient to identify the survivor annuity as explained in [§ 838.912](/cfr/5/838.912.md).

## Notes

### 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.