---
kind: "section"
citation: "50 U.S.C. § 2035"
title: "50"
title_heading: "War and National Defense"
number: "2035"
heading: "Retirement annuity for certain former spouses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/2035"
units:
  - "Chapter 38 — Central Intelligence Agency Retirement and Disability"
  - "Subchapter II — Central Intelligence Agency Retirement and Disability System"
  - "Part C — Computation of Annuities"
---

# §2035. Retirement annuity for certain former spouses

- (a) **Retirement annuity—** An individual who was a [former spouse](/usc/50/2002.md?p=a-4) of a participant, [former participant](/usc/50/2002.md?p=a-1), or [retired participant](/usc/50/2002.md?p=a-2) on November 15, 1982, and any [former spouse](/usc/50/2002.md?p=a-4) divorced after November 15, 1982, from a participant or [former participant](/usc/50/2002.md?p=a-1) who retired before November 15, 1982, shall be entitled, except to the extent such [former spouse](/usc/50/2002.md?p=a-4) is disqualified under [subsection (b)](#b), to an annuity—
  - (1) if married to the participant throughout the [creditable service](/usc/50/2002.md?p=a-4-C) of the participant, equal to 50 percent of the annuity of the participant; or
  - (2) if not married to the participant throughout such [creditable service](/usc/50/2002.md?p=a-4-C), equal to that [former spouse](/usc/50/2002.md?p=a-4)’s pro rata share of 50 percent of such annuity.
- (b) **Limitations—** A [former spouse](/usc/50/2002.md?p=a-4) is not entitled to an annuity under this section if—
  - (1) the [former spouse](/usc/50/2002.md?p=a-4) remarries before age 55, except that the entitlement of the [former spouse](/usc/50/2002.md?p=a-4) to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
  - (2) the [former spouse](/usc/50/2002.md?p=a-4) is less than 50 years of age.
- (c) **Commencement and termination—**
  - (1) **Retirement annuities—** The entitlement of a [former spouse](/usc/50/2002.md?p=a-4) to an annuity under this section—
    - (A) shall commence on the later of—
      - (i) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under this subchapter;
      - (ii) the first day of the month in which the divorce or annulment involved becomes final; or
      - (iii) such [former spouse](/usc/50/2002.md?p=a-4)’s 50th birthday; and
    - (B) shall terminate on the earlier of—
      - (i) the last day of the month before the [former spouse](/usc/50/2002.md?p=a-4) dies or remarries before 55 years of age, except that the entitlement of the [former spouse](/usc/50/2002.md?p=a-4) to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
      - (ii) the date on which the annuity of the participant terminates.
  - (2) **Disability annuities—** Notwithstanding [paragraph (1)(A)(i)](#c-1-A-i), in the case of a [former spouse](/usc/50/2002.md?p=a-4) of a disability annuitant—
    - (A) the annuity of the [former spouse](/usc/50/2002.md?p=a-4) shall commence on the date on which the participant would qualify on the basis of the participant’s [creditable service](/usc/50/2002.md?p=a-4-C) for an annuity under this subchapter (other than disability annuity) or the date the disability annuity begins, whichever is later; and
    - (B) the amount of the annuity of the [former spouse](/usc/50/2002.md?p=a-4) shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.
  - (3) **Election of benefits—** A [former spouse](/usc/50/2002.md?p=a-4) of a participant or [retired participant](/usc/50/2002.md?p=a-2) shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the [former spouse](/usc/50/2002.md?p=a-4) elects to receive it instead of any survivor annuity to which the [former spouse](/usc/50/2002.md?p=a-4) may be entitled under this or any other retirement system for Government [employees](/usc/50/2001.md?p=9) on the basis of a marriage to someone other than the participant.
  - (4) **Application—**
    - (A) **Time limit; waiver—** An annuity under this section shall not be payable unless appropriate written application is provided to the [Director](/usc/50/2001.md?p=2), complete with any supporting documentation which the [Director](/usc/50/2001.md?p=2) may by regulation require, not later than June 2, 1990. The [Director](/usc/50/2001.md?p=2) may waive the application deadline under the preceding sentence in any case in which the [Director](/usc/50/2001.md?p=2) determines that the circumstances warrant such a waiver.
    - (B) **Retroactive benefits—** Upon approval of an application under [subparagraph (A)](#c-4-A), the appropriate annuity shall be payable to the [former spouse](/usc/50/2002.md?p=a-4) with respect to all periods before such approval during which the [former spouse](/usc/50/2002.md?p=a-4) was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before December 2, 1987.
- (d) **Restoration of annuities—** Notwithstanding [subsection (c)(4)(A)](#c-4-A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a [former spouse](/usc/50/2002.md?p=a-4)’s entitlement to such annuity is restored under subsection [(b)(1)](#b-1) or [(c)(1)(B)](#c-1-B).
- (e) **Savings provision—** Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or [former participant](/usc/50/2002.md?p=a-1) under this subchapter.

## Source credit

(Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub. L. 103–178, title II, § 202(a)(7), Dec. 3, 1993, 107 Stat. 2026.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 225 of Pub. L. 88–643, as added Pub. L. 100–178, title IV, § 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub. L. 100–453, title III, § 302(c)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 102–88, title III, § 307(b), Aug. 14, 1991, 105 Stat. 433, related to retirement benefits for certain other former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

### Amendments

1993—Subsec. (c)(3). Pub. L. 103–178, § 202(a)(7)(A), substituted “any survivor annuity” for “any other annuity”.

Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), substituted “June 2, 1990” for “June 2, 1991”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.