---
kind: "section"
citation: "20 C.F.R. § 725.213"
title: "20"
number: "725.213"
heading: "Duration of entitlement; surviving spouse or surviving divorced spouse."
url: "https://uscodex.org/cfr/20/725.213"
---

# §725.213. Duration of entitlement; surviving spouse or surviving divorced spouse.

- (a) An individual is entitled to benefits as a surviving spouse, or as a surviving divorced spouse, for each month beginning with the first month in which all of the conditions of entitlement prescribed in [§ 725.212](/cfr/20/725.212.md) are satisfied.
- (b) The last month for which such individual is entitled to such benefits is the month before the month in which either of the following events first occurs:
  - (1) The surviving spouse or surviving divorced spouse marries; or
  - (2) **The surviving spouse or surviving divorced spouse dies.**
- (c) A surviving spouse or surviving divorced spouse whose entitlement to benefits has been terminated pursuant to [§ 725.213(b)(1)](#b-1) may thereafter again become entitled to such benefits upon filing application for such reentitlement, beginning with the first month after the marriage ends and such individual meets the requirements of [§ 725.212](/cfr/20/725.212.md). The individual shall not be required to reestablish the miner's entitlement to benefits ([§ 725.212(a)(3)(i)](/cfr/20/725.212.md?p=a-3-i)) or the miner's death due to pneumoconiosis ([§ 725.212(a)(3)(ii)](/cfr/20/725.212.md?p=a-3-ii)).

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, 932, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 65 FR 80054, Dec. 20, 2000, unless otherwise noted.