---
kind: "section"
citation: "5 C.F.R. § 839.231"
title: "5"
number: "839.231"
heading: "Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?"
url: "https://uscodex.org/cfr/5/839.231"
---

# §839.231. Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?


Yes, but if you want to elect FERS you need your former spouse's consent to the election. If you are subject to a qualifying court order and want to elect FERS, the requirements in [§ 846.722](/cfr/5/846.722.md) of this chapter (Former Spouse's Consent to an Election of FERS Coverage) apply to you.


## Notes

### Authority

Authority: Title II, Pub. L. 106-265, 114 Stat. 770.

### Source

Source: 66 FR 15609, Mar. 19, 2001, unless otherwise noted.