5 CFR § 838.221 - Application requirements.
---
identifier: "/us/cfr/t5/s838.221"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 838.221 - Application requirements."
title_number: 5
title_name: "Administrative Personnel"
section_number: "838.221"
section_name: "Application requirements."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "838"
part_name: "COURT ORDERS AFFECTING RETIREMENT BENEFITS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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)."
regulatory_source: "57 FR 33574, July 29, 1992, unless otherwise noted."
cfr_part: "838"
---
# 838.221 Application requirements.
(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity. No special form is required.
(b) The application letter must be accompanied by—
(1) A certified copy of the court order acceptable for processing that is directed at employee annuity;
(2) A certification from the former spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;
(3) Information sufficient for OPM to identify the employee or retiree, such as his or her full name, CSRS or FERS claim number, date of birth, and social security number;
(4) The current mailing address of the former spouse; and
(5) If the employee has not retired under CSRS or FERS or died, the mailing address of the employee.
(c)(1) When court-ordered payments are subject to termination (under the terms of the court order) if the former spouse remarries, no payment will be made until the former spouse submits to OPM a statement in the form prescribed by OPM certifying—
(i) That a remarriage has not occurred;
(ii) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage; and
(iii) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage.
(2) OPM may subsequently require periodic recertification of the statements required under paragraph (c)(1) of this section.