---
kind: "section"
citation: "20 C.F.R. § 216.66"
title: "20"
number: "216.66"
heading: "Who is an employee's surviving divorced spouse."
url: "https://uscodex.org/cfr/20/216.66"
---

# §216.66. Who is an employee's surviving divorced spouse.


An individual who was married to the employee is the deceased employee's surviving divorced spouse if he or she:

- (a) Was married to the employee for a period of at least 10 years immediately before the date the divorce became final, and applies for an annuity based on age or disability; or
- (b) **Applies for an annuity based on having a “child in care” and either—**
  - (1) Is the natural parent of the employee's child;
  - (2) Was married to the employee at the time the employee or the surviving divorced spouse adopted the other's child who was then under 18 years old; or
  - (3) **Was married to the employee at the time they adopted a child who was then under 18 years old.**

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 56 FR 28692, June 24, 1991, unless otherwise noted.