former spouse
Defined in 10 places across 5 titles of the United States Code.
For purposes of this section, the terms “former spouse”, “participant”, and “spousal agreement” have the meanings given such terms in sections 4043 and 4044 of this title.
Source
- 1994–present22 U.S.C. § 4159Foreign Relations and Intercourse · Survivor benefits for certain former spouses · for purposes of this section
For purposes of this subsection, the term “former spouse” includes any former wife or husband of a participant, regardless of the length of marriage or the amount of creditable service completed by the participant.
Source
- 1994–present50 U.S.C. § 2052War and National Defense · Death in service · under this subchapter
For purposes of this subsection, the term “former spouse” includes any former wife or husband of the retired participant, regardless of the length of marriage or the amount of creditable service completed by the participant.
Source
- 1994–present50 U.S.C. § 2031War and National Defense · Computation of annuities · in this section
“former spouse” means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months; and
Source
- 1995–present28 U.S.C. § 376Judiciary and Judicial Procedure · Annuities for survivors of certain judicial officials of the United States · for the purposes of this section
“former spouse” means a former spouse of an employee, former employee, or annuitant—
(A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,
(B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and
(C)
(i) who is receiving any portion of an annuity under section 8345(j) or 8467 of this title or a survivor annuity under section 8341(h) or 8445 of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System),
(ii) as to whom a court order or decree referred to in section 8341(h), 8345(j), 8445, or 8467 of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System or the Federal Employees’ Retirement System) has been issued, or for whom an election has been made under section 8339(j)(3) or 8417(b) of this title (or similar provision of law), or
(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,
Source
- 2013–present5 U.S.C. § 8901Government Organization and Employees · Definitions · in this section
"former spouse" means a former spouse of an employee, former employee, or annuitant—
(A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,
(B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and
(C) (i) who is receiving any portion of an annuity under section 8345(j) or 8467 of this title or a survivor annuity under section 8341(h) or 8445 of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees' Retirement System),
(ii) as to whom a court order or decree referred to in section 8341(h), 8345(j), 8445, or 8467 of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System or the Federal Employees' Retirement System) has been issued, or for whom an election has been made under section 8339(j)(3) or 8417(b) of this title (or similar provision of law), or
(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,
except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee's separation from the service (other than by retirement); and
Source
- 1994–20175 U.S.C. § 8901Government Organization and Employees · Definitions · in this section
“former spouse” means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service covered under this subchapter as an employee or Member, and
(B) if the former spouse was married to such individual for at least 9 months;
Source
- 1994–present5 U.S.C. § 8331Government Organization and Employees · Definitions · in this section
"former spouse" means a former wife or husband of a participant or former participant who was married to such participant for not less than 10 years during periods of service by that participant which are creditable under section 4056 of this title;
Source
- 1994–present22 U.S.C. § 4044Foreign Relations and Intercourse · Definitions · as used in this part
Former spouse.—The term “former spouse” means the surviving former husband or wife of a person who is eligible to participate in the Plan.
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- 1996–202610 U.S.C. § 1447Armed Forces · Definitions · in this subchapter
the term “former spouse” means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and
(B) if the former spouse was married to such individual for at least 9 months;
Source
- 1994–present5 U.S.C. § 8401Government Organization and Employees · Definitions · in this section
The term "former spouse" means a former wife or husband of a participant, former participant, or retired participant as follows:
(A) Divorces on or before December 4, 1991
In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant's creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant's service as an employee of the Agency.
(B) Divorces after December 4, 1991
In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant's creditable service, at least 5 years of which were spent by the participant during the participant's service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title.
(C) Creditable service
Source
- 1995–201750 U.S.C. § 2002War and National Defense · Definitions relating to participants and annuitants · in this section
The term “former spouse” means a former wife or husband of a participant, former participant, or retired participant as follows:
(A) In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant’s service as an employee of the Agency.
(B) In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent by the participant during the participant’s service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title.
(C) For purposes of subparagraphs (A) and (B), the term “creditable service” means all periods of a participant’s service that are creditable under sections 2081, 2082, and 2083 of this title.
Source
- 2013–present50 U.S.C. § 2002War and National Defense · Definitions relating to participants and annuitants · in this section
The term “former spouse” means the surviving former husband or wife of a person who is eligible to participate in the Plan.
Source
- 1994–present10 U.S.C. § 1447Armed Forces · Definitions · in this subchapter