---
kind: "section"
citation: "20 C.F.R. § 222.22"
title: "20"
number: "222.22"
heading: "Relationship as divorced spouse."
url: "https://uscodex.org/cfr/20/222.22"
---

# §222.22. Relationship as divorced spouse.


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](/cfr/20/222.11.md), 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.

## Notes

### Authority

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

### Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.