Former Spouse Benefits
Posted 10/04/05

Q. Are former spouses of Foreign Service officers and retirees entitled to pension and survivor benefits?

A. A former spouse, who was married to a Foreign Service officer during at least 10 years of his or her creditable federal service (five while a member of the Foreign Service), is automatically entitled to both pension and survivor benefits unless those benefits are waived. A former spouse is entitled to these benefits if he/she was divorced after February 15, 1981 , and there is no court order or notarized spousal agreement that provides otherwise. A former spouse annuity ends if he/she remarries before becoming 55 years of age.

The pension benefit is a pro rata share of up to 50% of the Foreign Service pension and the survivor benefit is a pro rata share of the regular survivor annuity. This amounts to 55% of the annuity under the old retirement system (FSRDS) and 50% under the new (FSPS).

Q. How is a pro rata share calculated?

A. A pro rata share reflects the percentage of time the former spouse was married to the officer during his or her years of creditable service. For example, if married during all of the officer's creditable years of service, the former spouse is entitled to 50% of the pension. If married for half of the years of creditable service, the spouse is entitled to 25% of the pension.

Q. Can a court order or separation agreement alter these entitlements?

A. The department must comply with the provisions relating to retirement benefits in a valid state court order or court-approved property settlement. The property settlement agreement does not have to be a subject of the court order; it can qualify as a spousal agreement if notarized. Court orders and property settlements can divide an annuity or a refund of retirement contributions, provide a survivor annuity payable upon the death of an employee or retiree, permit a former spouse to continue coverage under the FEHBP program, and require an employee or retiree to assign his or her FEGLI coverage to a former spouse or children.

A. What is the effect of court-ordered benefits for a former spouse on the survivor benefits of a current spouse?

Q. The maximum possible combined total of all current and former spouse survivor annuities is 55% of an FSRDS annuity and 50% of an FSPS annuity. As a result, a court order awarding a survivor annuity to a former spouse may reduce the amount that can be paid to the spouse married to the annuitant at the time of death.

Q. What is the effect of the death of a spouse or former spouse entitled to a survivor annuity?

A. If there is no surviving spouse, the department will restore the retiree's annuity to its full amount. In the event there is a surviving spouse eligible for a survivor annuity, there is no adjustment.

Q. Are former spouses entitled to health coverage?

A. A former spouse's federal health benefits (FEHB) as a family member end on the day of divorce. A former spouse may apply for spouse equity FEHB health plan enrollment within 60 days if he or she was covered as a family member prior to the divorce, has a current or future entitlement to an FSRDS or FSPS pension or survivor benefit, has not remarried prior to becoming 55 and was divorced on or after May 7, 1985. A former spouse who is not eligible for this enrollment may be eligible for temporary continuation of health benefits coverage for 36 months.

Q. What information should a former spouse submit to the retirement office at the department in support of an application for former spouse benefits?

A. A former spouse should submit a certified copy of the court order; a statement that the court order has not been modified, superceded or set aside; and the name, date of birth, Social Security number, address and change in marital status of the employee or retiree and former spouse. Since there are specific time limitations for qualifying for certain benefits, it is important to submit the divorce notification promptly. Similarly, a former spouse should be aware that there are time restrictions with respect to filing spousal agreements that affect FSRDS pension and survivor benefits.

More detailed information on this subject can be found at http://www.state.gov/documents/organization/16038.pdf