20 CFR 222.22
§ 222.22 Relationship as divorced spouse.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 222.22, § 222.22 Relationship as divorced spouse, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77333
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Full text
A claimant will be considered to be the divorced spouse of an employee if—
(a) His or her marriage to the employee has been terminated by a final divorce; and
(b) He or she is not married (if the claimant remarried after the divorce from the employee, the later marriage has been terminated by death, final divorce, or annulment); and
(c) He or she had been validly married to the employee, as set forth in § 222.11, for a period of 10 years immediately before the date the divorce became final. The claimant meets this requirement even if the claimant and employee were divorced within the ten-year period, provided that the claimant and employee were remarried no later than the calendar year immediately following the year in which the divorce took place.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.