§ 218.38 When a spouse annuity ends.

(a) General rules. A spouse annuity ends with the earliest of— (1) The last day of the month before the month in which the spouse dies; (2) The last day of the month before the month in which the employee dies or the employee's entitlement to an annuity ends; (3) The last day of the month before the month in which the spouse's marriage to the empoyee is ended by absolute divorce, annulment, or other judicial action (the spouse may be entitled to a divorced spouse annuity as explained in part 216 of this chapter); or (4) The month shown in paragraphs (b) and (d) of this section. (b) Annuity entitlement based on “child in care.” A spouse annuity based on having a “child in care” ends as shown in this paragraph if he or she is not also eligible for a full-age spouse annuity as explained in part 216 of this chapter. However, see also paragraph (c) of this section. If the spouse is eligible for a full-age spouse annuity when he or she is no longer entitled on the basis of a child, his or her annuity is changed to a spouse annuity based on age. A spouse annuity based on having a “child in care” ends with the earliest of— (1) The last day of the month shown in paragraphs (a) and (d) of this section; (2) The last day of the month before the month in which the child is no longer in the spouse's care, as explained in part 216 of this chapter; (3) The last day of the month before the month in which the child attains age 18 and is not disabled; (4) The last day of the month before the month in which the child marries; (5) The last day of the month before the month in which the child dies; or (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 18. (c) Tier I benefit entitlement based on “child in care.” The tier I benefit of a spouse entitled because he or she has a “child in care” and is not otherwise entitled to a tier I benefit based on age, ends with the earliest of— (1) The last day of the month shown in paragraphs (a) and (d) of this section; (2) The last day of the month before the month in which the child is no longer in the spouse's care as explained in part 216 of this chapter; (3) The last day of the month before the month in which the child attains age 16 and is not disabled; (4) The last day of the month before the month in which the child marries; (5) The last day of the month before the month in which the child dies; or (6) The last day of the second month after the month in which the child's disability ends, if the child is over age 16. (d) Entitlement based on deemed marriage. If the spouse entitlement is based on a deemed valid marriage, the annuity ends with the earliest of— (1) The last day of the month shown in paragraphs (a) and (b) of this section; (2) The last day of the month before the month in which the deemed spouse enters a valid marriage with someone other than the employee; or (3) The last day of the month before the month in which the Board approves an award to someone else as the employee's legal spouse.