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

---
identifier: "/us/cfr/t5/s839.231"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 839.231 - Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "839.231"
section_name: "Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?"
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "839"
part_name: "CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Title II, Pub. L. 106-265, 114 Stat. 770."
regulatory_source: "66 FR 15609, Mar. 19, 2001, unless otherwise noted."
cfr_part: "839"
---


# 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 of this chapter (Former Spouse's Consent to an Election of FERS Coverage) apply to you.