§ 234.21 Definitions of “living with” and “living in the same household.”

(a) Living with. A widow(er) is considered “living with” the employee at the time of the employee's death, if one of the following conditions applies: (1) The employee and spouse were members of the same household; (2) The spouse was receiving regular contributions for support from the employee; or (3) The employee was under court order to contribute to the spouse's support. (b)(1) Living in the same household. An employee and spouse were “living in the same household” if they lived together as a married couple in the same residence. However, an employee and spouse, who were temporarily living apart, will be considered “living in the same household” if there was intent to share the same residence had the employee not died. The Board will usually assume that a married couple was living apart temporarily, if the separation was caused by circumstances beyond their control, for example, ill health, financial difficulties, service with the Armed Forces, or confinement in a curative, custodial, or penal institution. (2) If the employee and spouse were separated solely for medical reasons, the Board will consider them “living in the same household,” even if the separation was likely to be permanent.