5 C.F.R. § 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 5 - Administrative Personnel
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.
Title 5: Administrative Personnel
PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
Subpart B—Eligibility
Court-Ordered Benefits for Former Spouses
§ 839.231 Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?