20 CFR § 222.22 - Relationship as divorced spouse.

---
identifier: "/us/cfr/t20/s222.22"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 222.22 - Relationship as divorced spouse."
title_number: 20
title_name: "Employees' Benefits"
section_number: "222.22"
section_name: "Relationship as divorced spouse."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "B"
subchapter_name: "REGULATIONS UNDER THE RAILROAD RETIREMENT ACT"
part_number: "222"
part_name: "FAMILY RELATIONSHIPS"
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: "54 FR 42949, Oct. 19, 1989, unless otherwise noted."
cfr_part: "222"
---


# 222.22 Relationship as divorced spouse.

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.