---
kind: "section"
citation: "20 C.F.R. § 222.23"
title: "20"
number: "222.23"
heading: "Relationship as surviving divorced spouse."
url: "https://uscodex.org/cfr/20/222.23"
---

# §222.23. Relationship as surviving divorced spouse.


A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph [(a)](#a) or [(b)](#b) of this section are met:

- (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](/cfr/20/222.22.md) are met.
- (b) **Child in care.** The claimant applied for an annuity on the basis of having a child in care, and—
  - (1) His or her marriage to the employee has been terminated by a final divorce; and
  - (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) **He or she either—**
    - (i) Was the natural parent of the employee's child; or
    - (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.

## Notes

### Authority

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

### Source

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