The payment of a partition award to a separated/former spouse will terminate on:
- Specified Court Ordered Date -- The first day of the month in which a terminating event specified in the decree occurs; or
- Separated/former Spouse Death -- The month prior to the month in which the separated/former spouse died.
The RRA allows for the continued payment of a partition award after the employee's death until the death of the separated/former spouse, unless the decree or order provides for an earlier termination date. See 45 U.S.C. 231m.
The continued payment will be in the same amount of the month prior to the month of the employee's death, plus any other divisible annuity components included in the partition award (e.g., supplemental annuity, vested dual benefit).
Cost-of-living adjustments will continue after the death of the employee if it was in the partition award (e.g. a formula award or a percentage award is in place).
Note: The overall minimum increase is not payable after the employee's death.