# 22 C.F.R. § 19.6-2 (2026): Qualifying court order

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_2

## Section

- **Citation:** 22 C.F.R. § 19.6-2 (2026)
- **Heading:** Qualifying court order
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 22 CFR: Foreign Relations / Chapter I: DEPARTMENT OF STATE / Part 19: BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM / § 19.6-2: § 19.6-2   Qualifying court order.

## Text

(a) To be valid for purposes of this section, a court order must be found to be “qualified” by PER/ER/RET acting for the Secretary of State. A qualifying court order must—
(1) Be consistent with the terms of the Act and applicable regulations;
(2) Not direct payment of an amount in excess of the maximum amount authorized to be paid by the relevant regulation;
(3) Direct that payments be made to an eligible beneficiary from a principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a principal, rather than the Secretary of State or the Government, make the payments, the order will not be considered qualified unless the principal does not object during the 30-day notice period provided under § 19.6-6;
(4) Define the amount to be paid to a beneficiary in way so that it can be readily calculated from information in the normal files of the Department;
(5) Not make payment contingent upon events other than those on which other payments from the Fund are based such as age, marital status and school attendance; and
(6) Not be in conflict with any previously issued court order which remains valid.
(b) No apportionment of annuity to a beneficiary under § 19.6-1(a) (1) or (6) shall exceed the net annuity of the principal. The net annuity is computed by excluding from the gross annuity the amounts which are:
(1) Owed by the individual to the United States;
(2) Deducted for health benefits premiums pursuant to section 8906 of Title 5, United States Code;
(3) Deducted for life insurance premiums under the Government Life Insurance Program;
(4) Owed due to overpayment of annuity;
(5) Properly withheld for Federal income tax purposes, if amounts withheld are not greater than they would be if the individual claimed all dependents to which he/she was entitled.
[46 FR 12958, Feb. 19, 1981. Redesignated and amended at 46 FR 18970, Mar. 27, 1981]

## Nearby sections

- [22 C.F.R. § 19.1 (2026) § 19.1   Authorities.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_1.md)
- [22 C.F.R. § 19.2 (2026) § 19.2   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_2.md)
- [22 C.F.R. § 19.3 (2026) § 19.3   Participants.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_3.md)
- [22 C.F.R. § 19.4 (2026) § 19.4   Special rules for computing creditable service for purposes of payments to former spouses.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_4.md)
- [22 C.F.R. § 19.5-1 (2026) § 19.5-1   Notification from participant or annuitant.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_5_1.md)
- [22 C.F.R. § 19.5-2 (2026) § 19.5-2   Notification to Department from former spouses.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_5_2.md)
- [22 C.F.R. § 19.5-3 (2026) § 19.5-3   Residence of spouse during service at unhealthful post.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_5_3.md)
- [22 C.F.R. § 19.6-1 (2026) § 19.6-1   Orders by a court.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_1.md)
- [22 C.F.R. § 19.6-2 (2026) § 19.6-2   Qualifying court order.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_2.md)
- [22 C.F.R. § 19.6-3 (2026) § 19.6-3   Application for payment.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_3.md)
- [22 C.F.R. § 19.6-4 (2026) § 19.6-4   Date of court orders.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_4.md)
- [22 C.F.R. § 19.6-5 (2026) § 19.6-5   Preliminary review.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_5.md)
- [22 C.F.R. § 19.6-6 (2026) § 19.6-6   Notification.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_6.md)
- [22 C.F.R. § 19.6-7 (2026) § 19.6-7   Decision.](https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_7.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T22_P19_S19_6_2. Check the current official text before relying on it. Not legal advice.
