843.312—Payment to former spouses.
(a)
Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that benefit under the terms of a qualifying court order or an election under subpart F of part 842 of this chapter.
(1)
The amount of the annuity that would otherwise be payable to the current spouse under this subpart; and
(2)
The amount of the annuity payable to any former spouse of the deceased employee, retiree, or separated employee based on an election made under subpart F of part 842 of this chapter or a qualifying court order.
(c)
The basic employee death benefit paid to a current spouse may not exceed the difference between—
(2)
The portion of the basic employee death benefit payable to a former spouse based on a qualifying court order.