20 CFR § 725.217
Determination of dependency; surviving divorced spouse
February 18, 2021
An individual who is the miner's surviving divorced spouse (see §725.216) shall be determined to have been dependent on the miner if, for the month before the month in which the miner died:
(a) The individual was receiving at least one-half of his or her support from the miner (see §725.233(g)); or
(b) The individual was receiving substantial contributions from the miner pursuant to a written agreement (see §725.233(c) and (f)); or
(c) A court order required the miner to furnish substantial contributions to the individual's support (see §725.233(c) and (e)).