---
kind: "section"
citation: "20 C.F.R. § 725.217"
title: "20"
number: "725.217"
heading: "Determination of dependency; surviving divorced spouse."
url: "https://uscodex.org/cfr/20/725.217"
---

# §725.217. Determination of dependency; surviving divorced spouse.


An individual who is the miner's surviving divorced spouse (see [§ 725.216](/cfr/20/725.216.md)) shall be determined to have been dependent on the miner if, for the month before the month in which the miner died:

- (a) The individual was receiving at least one-half of his or her support from the miner (see [§ 725.233(g)](/cfr/20/725.233.md?p=g)); or
- (b) The individual was receiving substantial contributions from the miner pursuant to a written agreement (see § [725.233(c)](/cfr/20/725.233.md?p=c) and [(f)](/cfr/20/725.233.md?p=f)); or
- (c) A court order required the miner to furnish substantial contributions to the individual's support (see § [725.233(c)](/cfr/20/725.233.md?p=c) and [(e)](/cfr/20/725.233.md?p=e)).

## 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.