---
kind: "section"
citation: "5 C.F.R. § 843.303"
title: "5"
number: "843.303"
heading: "Marriage duration requirements."
url: "https://uscodex.org/cfr/5/843.303"
---

# §843.303. Marriage duration requirements.

- (a) The current spouse of a retiree, an employee, or a separated employee can qualify for a current spouse annuity or the basic employee death benefit only if—
  - (1) The current spouse and the retiree, employee, or separated employee had been married for at least 9 months, as explained in [paragraph (b)](#b) of this section; or
  - (2) A child was born of the marriage, as explained in [paragraph (c)](#c) of this section; or
  - (3) The death of the retiree, employee, or separated employee was accidental as explained in [paragraph (d)](#d) of this section.
- (b) For satisfying the 9-month marriage requirement of [paragraph (a)(1)](#a-1) of this section, the aggregate time of all marriages between the spouse applying for a current spouse annuity and the retiree, employee, or separated employee is included.
- (c) For satisfying the child-born-of-the-marriage requirement of [paragraph (a)(2)](#a-2) of this section, any child, including a posthumous child, born to the spouse and the retiree, employee, or separated employee is included. This includes a child born out of wedlock if the parents later married or of a prior marriage between the same parties.
- (d)
  - (1) A death is accidental if it results from homicide or from bodily injuries incurred solely through violent, external, and accidental means. The term “accidental” does not include a death caused by or the result of intentional self-destruction or intentionally self-inflicted injury, while sane or insane.
  - (2) A State judicial or administrative adjudication of the cause of death for criminal or insurance purposes is conclusive evidence of whether a death is accidental.
  - (3) A death certificate showing the cause of death as accident or homicide is prima facie evidence that the death was accidental.

## Notes

### Amendments

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]

### Authority

Authority: 5 U.S.C. 8461; 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; 843.309 also issued under 5 U.S.C. 8442; 843.406 also issued under 5 U.S.C. 8441.

### Source

Source: 52 FR 2074, Jan. 16, 1987, unless otherwise noted.

### Amendments

[52 FR 2074, Jan. 16, 1987, as amended at 52 FR 23014, June 17, 1987]