---
kind: "section"
citation: "5 C.F.R. § 843.312"
title: "5"
number: "843.312"
heading: "Payment to former spouses."
url: "https://uscodex.org/cfr/5/843.312"
---

# §843.312. Payment to former spouses.

- (a) Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under [subpart F of part 842](/cfr/5/part842-subpartF.md) of this chapter.
- (b) A current spouse annuity may not exceed the difference between—
  - (1) The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and
  - (2) The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under [subpart F of part 842](/cfr/5/part842-subpartF.md) of this chapter or a qualifying court order.
- (c) The basic employee death benefit paid to a current spouse may not exceed the difference between—
  - (1) The amount that would otherwise be payable to the current spouse under [§ 843.310](/cfr/5/843.310.md); and
  - (2) The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.

## Notes

### Authority

Authority: 5 U.S.C. 8461; 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; 843.309 also issued under 5 U.S.C. 8442; 843.406 also issued under 5 U.S.C. 8441.

### Source

Source: 52 FR 2074, Jan. 16, 1987, unless otherwise noted.