---
kind: "section"
citation: "20 C.F.R. § 229.43"
title: "20"
number: "229.43"
heading: "When a divorced spouse can no longer be included in computing an annuity under the overall minimum."
url: "https://uscodex.org/cfr/20/229.43"
---

# §229.43. When a divorced spouse can no longer be included in computing an annuity under the overall minimum.


A divorced spouse's inclusion in the computation of the overall minimum rate ends the earlier of:

- (a) The month before the month in which the divorced spouse dies; or
- (b) The month before the month the employee dies; or
- (c) The month before the month in which the divorced spouse remarries; or
- (d) The month before the month in which the divorced spouse becomes entitled to a retirement or disability benefit under the Social Security Act based upon a primary insurance amount which is equal to or exceeds the divorced spouse annuity before reduction for age.

## Notes

### Authority

Authority: 45 U.S.C. 231(f)(b)(5).

### Source

Source: 58 FR 53397, Oct. 15, 1993, unless otherwise noted.