Can a spouse or former spouse or surviving divorced spouse receive both a partition award and an annuity based on his or her relationship to the employee?
Yes. The spouse, divorced spouse or surviving divorced spouse annuity is payable to qualified individuals based upon the provisions of the RRA, and a court cannot affect entitlement to such annuity. The partition award is payable according to the terms of a valid court decree or order and is not affected by the payment of an annuity under the RRA to the spouse or former spouse.