20 CFR § 222.23 - Relationship as surviving divorced spouse.

---
identifier: "/us/cfr/t20/s222.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 222.23 - Relationship as surviving divorced spouse."
title_number: 20
title_name: "Employees' Benefits"
section_number: "222.23"
section_name: "Relationship as surviving 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"
---


# 222.23 Relationship as surviving divorced spouse.

A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph (a) or (b) of this section are met:

(a) *Age or disability.* The claimant applied for an annuity on the basis of age or disability, and the conditions set forth in § 222.22 are met.

(b) *Child in care.* The claimant applied for an annuity on the basis of having a child in care, and—

(1) His or her marriage to the employee has been terminated by a final divorce; and

(2) 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

(3) He or she either—

(i) Was the natural parent of the employee's child; or

(ii) Had been married to the employee when either the employee or the claimant legally adopted the other's child or when they both legally adopted a child who was then under 18 years of age.