20 CFR §222.22
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
A claimant will be considered to be the divorced spouse of an employee if—
- (a)His or her marriage to the employee has been terminated by a final divorce; and
- (b)He or she is not married (if the claimant remarried after the divorce from the employee, the later marriage has been terminated by death, final divorce, or annulment); and
- (c)He or she had been validly married to the employee, as set forth in § 222.11, for a period of 10 years immediately before the date the divorce became final. The claimant meets this requirement even if the claimant and employee were divorced within the ten-year period, provided that the claimant and employee were remarried no later than the calendar year immediately following the year in which the divorce took place.