20 CFR § 216.66 - Who is an employee's surviving divorced spouse.

---
identifier: "/us/cfr/t20/s216.66"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 216.66 - Who is an employee's surviving divorced spouse."
title_number: 20
title_name: "Employees' Benefits"
section_number: "216.66"
section_name: "Who is an employee's surviving divorced spouse."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "216"
part_name: "ELIGIBILITY FOR AN ANNUITY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 231f."
regulatory_source: "56 FR 28692, June 24, 1991, unless otherwise noted."
cfr_part: "216"
---


# 216.66 Who is an employee's surviving divorced spouse.

An individual who was married to the employee is the deceased employee's surviving divorced spouse if he or she:

(a) Was married to the employee for a period of at least 10 years immediately before the date the divorce became final, and applies for an annuity based on age or disability; or

(b) Applies for an annuity based on having a “child in care” and either:

(1) Is the natural parent of the employee's child;

(2) Was married to the employee at the time the employee or the surviving divorced spouse adopted the other's child who was then under 18 years old; or

(3) Was married to the employee at the time they adopted a child who was then under 18 years old.