StacksVerified U.S. regulatory reference

20 CFR §222.23

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph (a) or (b) of this section are met:
  1. (a)Age or disability. The claimant applied for an annuity on the basis of age or disability, and the conditions set forth in § 222.22 are met.
  2. (b)Child in care. The claimant applied for an annuity on the basis of having a child in care, and—
    1. (1)His or her marriage to the employee has been terminated by a final divorce; and
    2. (2)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
    3. (3)He or she either—
      1. (i)Was the natural parent of the employee's child; or
      2. (ii)Had been married to the employee when either the employee or the claimant legally adopted the other's child or when they both legally adopted a child who was then under 18 years of age.