# 5 CFR § 831.618: Waiver of spousal consent requirement

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-831.618

## Section

- **Citation:** 5 CFR § 831.618
- **Heading:** Waiver of spousal consent requirement
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 831—RETIREMENT > Subpart F—Survivor Annuities > Elections at the Time of Retirement

## Text

(a) The spousal consent requirement will be waived upon a showing that the spouse's whereabouts cannot be determined. A request for waiver on this basis must be accompanied by—
(1) A judicial determination that the spouse's whereabouts cannot be determined; or
(2) (i) Affidavits by the employee or Member and two other persons, at least one of whom is not related to the employee or Member, attesting to the inability to locate the current spouse and stating the efforts made to locate the spouse; and
(ii) Documentary corroboration such as tax returns filed separately or newspaper stories about the spouse's disappearance.
(b) The spousal consent requirement will be waived based on exceptional circumstances if the employee or Member presents a judicial determination finding that—
(1) The case before the court involves a Federal employee who is in the process of retiring from Federal employment and the spouse of that employee;
(2) The nonemployee spouse has been given notice and an opportunity to be heard concerning this order;
(3) The court has considered sections 8339(j)(1) of title 5, United States Code, and this section as they relate to waiver of the spousal consent requirement for a married Federal employee to elect an annuity without a reduction to provide a survivor benefit to a spouse at retirement; and
(4) The court finds that exceptional circumstances exist justifying waiver of the nonemployee spouse's consent.
[50 FR 20070, May 13, 1985, as amended at 51 FR 31932, Sept. 8, 1986; 55 FR 9100, Mar. 12, 1990. Redesignated at 58 FR 52882, Oct. 13, 1993]

## Nearby sections

- [5 CFR § 831.601 § 831.601 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.601.md)
- [5 CFR § 831.602 § 831.602 Relation to other regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.602.md)
- [5 CFR § 831.603 § 831.603 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.603.md)
- [5 CFR § 831.611 § 831.611 Election at time of retirement of fully reduced annuity to provide a current spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.611.md)
- [5 CFR § 831.612 § 831.612 Election at time of retirement of a fully reduced annuity or a partially reduced annuity to provide a former spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.612.md)
- [5 CFR § 831.613 § 831.613 Election of insurable interest annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.613.md)
- [5 CFR § 831.614 § 831.614 Election of a self-only annuity or partially reduced annuity by married employees and Members.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.614.md)
- [5 CFR § 831.616 § 831.616 Elections by previously retired retiree with new title to an annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.616.md)
- [5 CFR § 831.618 § 831.618 Waiver of spousal consent requirement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.618.md)
- [5 CFR § 831.619 § 831.619 Marital status at time of retirement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.619.md)
- [5 CFR § 831.621 § 831.621 Changes of election before final adjudication.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.621.md)
- [5 CFR § 831.622 § 831.622 Changes of election after final adjudication.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.622.md)
- [5 CFR § 831.631 § 831.631 Post-retirement election of fully reduced annuity or partially reduced annuity to provide a current spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.631.md)
- [5 CFR § 831.632 § 831.632 Post-retirement election of fully reduced annuity or partially reduced annuity to provide a former spouse annuity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-831.632.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-831.618. Check the current official text before relying on it. Not legal advice.