If the duration of the marriage relationship between a divorcing spouse of a staff member and the staff member was 2 full years or longer, when the statutory property regime or community property regime relationship is extinguished because of the divorce, the divorced spouse may claim for distribution of a share of the pension received by that staff member under this Act in accordance with the following provisions:
1. The share of the pension which the divorced spouse may claim shall be calculated as one-half of the proportion of the period of the staff member's approved years of service at retirement accounted for by the period during which the statutory property regime or community property regime existed between the divorced spouse and that staff member.
2. The standard amount of pension against which the divorced spouse may claim for a share under the preceding subparagraph shall be the receivable lump-sum pension payment calculated based on the staff member's approved years of service at retirement.
3. The period during which the statutory property regime or community property regime existed shall be calculated in months; a period of less than a month shall be calculated as one month.
4. If the one-half share set out in subparagraph 1 of this paragraph is obviously unfair, either party may make a motion to the court for an adjustment to the amount of, or for exemption from, the distribution thereof.
If the divorced spouse under the preceding paragraph enjoys entitlement under any other law to a pension from during the existence of the marriage relationship, the divorced spouse's right to claim for a share hereunder may be exercised only to the extent that the staff member enjoys an equal right to claim for a share of the pension of the divorced spouse under that other law.
The right of claim under paragraph 1 may not be assigned or inherited.
The right of claim of a divorced spouse of a staff member under paragraph 1 shall be extinguished by prescription if not exercised within 2 years from the time that the divorced spouse knows that he or she has that right. It also shall be extinguished by prescription if not exercised within 5 years from the time that the statutory property regime or community property regime relationship is extinguished.
The provisions of this article do not apply to pension received under this Act by a staff member who undergoes compulsory retirement or who retires before the promulgation and enforcement of this Act.
The provisions of this article do not apply in the case of those who are already divorced before the promulgation and enforcement of this Act.

When a divorced spouse of a staff member claims for distribution of a share of the staff member's pension pursuant to the preceding article, the method for payment of the share shall be as agreed upon between the parties. If the parties are unable or unwilling to reach agreement, they may notify the agency responsible for reviewing and approving pensions and request that when it reviews and determines that staff member's pension, that it also review and determine the total amount of the share of pension that should be distributed under the preceding article, which shall then be paid in one lump sum by the paying agency.
When a share of a staff member's pension is distributable pursuant to the preceding article, deduction shall be carried out pro-rata to that share in accordance with the following provisions:
1. If the staff member receives a lump-sum pension payment, the share shall be deducted from the lump-sum pension payment received by the staff member.
2. If the staff member receives a monthly pension, a deduction shall be made on a monthly basis pro-rata to the share, until such time as the total amount of the distributable share of the pension has been deducted, at which point no further deduction shall be made.
3. If the staff member receives a partial monthly pension, the distributable share shall first be deducted from the partial lump-sum pension payment, if that amount is insufficient for the full amount to be deducted, the remainder shall then be deducted from the partial monthly pension on a monthly basis in accordance as provided in the preceding subparagraph, until such time as the total amount of the distributable share of the pension has been deducted, at which point no further deduction shall be made.
If a staff member who retires after the promulgation and enforcement of this Act divorces during a period in which he or she receives a monthly or partial monthly pension, when a share of his or her pension is distributed under the preceding article, the provisions of the preceding two paragraphs shall apply.
The method under this Act for deductions from pensions, and for notification and request of the agency responsible for reviewing and approving pensions to determine the distributable share, and other relevant matters shall be set out in the Enforcement Rules to this Act.

If any of the circumstances in Article 75, paragraph 1 applies to the divorced spouse of a staff member, the divorced spouse shall lose the right to distribution of a share of that staff member's pension under Article 83.