5 C.F.R. § 838.721

Application requirements

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(a)(1) A former spouse (personally or through a representative) must apply in writing to be eligible for a former spouse survivor annuity based on a court order acceptable for processing. No special form is required to give OPM notice of the court order.

(2) OPM may require an additional application after the death of the employee, separated employee, or retiree. This additional application will be on a form prescribed by OPM.

(b)(1) The application letter under paragraph (a)(1) of this section must be accompanied by—

(i) A certified copy of the court order;

(ii) 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spouse or the former spouse's representative that the court order is currently in force and has not been amended, superseded, or set aside;

(iii) 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;

(iv) The current mailing address of the former spouse;

(v) If the employee has not retired or died, the mailing address of the employee; and

(vi) A statement in the form prescribed by OPM certifying—

(A) That the former spouse has not remarried before age 55;

(B) That the former spouse will notify OPM within 15 calendar days of the occurrence of any remarriage before age 55; and

(C) That the former spouse will be personally liable for any overpayment to him or her resulting from a remarriage before age 55.

(2) OPM may subsequently require recertification of the statements required by this paragraph.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2002–2026 · leading case: Christine Nixon v. Off. of Pers. Mgmt., 452 F.3d 1361 (Fed. Cir. 2006).

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Christine Nixon v. Off. of Pers. Mgmt., 452 F.3d 1361 (Fed. Cir. 2006). · cites it 7× “The government contends (and the Board agreed) that 5 C.F.R. § 838.721 (b)(l)(vi)(B) & (b)(2) require an annuitant to submit proof of a former spouse’s ineligibility before terminating deductions for former-spouse benefits.”

Nixon v. Off. of Pers. Mgmt. (Fed. Cir. 2006). · cites it 6× “The government contends (and the Board agreed) that 5 C.F.R. § 838.721 (b)(1)(vi)(B) & (b)(2) require an annuitant to submit proof of a former spouse’s ineligibility before terminating deductions for former-spouse benefits.”

Peter Brown v. Off. of Pers. Mgmt. (MSPB 2014). · cites it 5× “As the appellant’s challenge here pertains to a former spouse survivor annuity, the correct regulation is 5 C.F.R. § 838.721 (a), which governs the requirements for a former spouse to apply for a former spouse survivor annuity based on a court order acceptable for processing.”

Teresa Capps v. Off. of Pers. Mgmt. (MSPB 2026). · cites it 2× “should have disclosed that the 1998 order was amended pursuant to 5 C.F.R. § 838.721 . 9 HAR (citing Bock v.”

Bock v. Off. of Pers. Mgmt., 47 F. App'x 576 (Fed. Cir. 2002). “According to 5 C.F.R. § 838.721 (b)(1)(h), Mickelson’s application for survivor benefits must include a certification “that the court order [awarding survivor benefits] is currently in force and has not been amended, superseded, or set aside.”

Noriko S Shields v. Off. of Pers. Mgmt. (MSPB 2024). “She may be alleging that the intervenor’s January 2017 application for survivor benefits was not in compliance with 5 C.F.R. § 838.721 (b)(1)(i), which requires that an application for a former spouse survivor annuity “be accompanied by .”

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