§ 222.22 - Relationship as divorced spouse.

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A claimant will be considered to be the divorced spouse of an employee if—

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

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

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.