Code of Federal Regulations Title 20. Employees' Benefits § 20.404.331 Who is entitled to wife's or husband's benefits as a divorced spouse

(a) You are the insured's divorced wife or divorced husband and—

(b) You apply;

(c) You are not married. (For purposes of meeting this requirement, you will be considered not to be married throughout the month in which the divorce occurred);

(d) You are age 62 or older throughout a month in which all other conditions of entitlement are met;  and

(e) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to or larger than the full wife's or husband's benefit.

(f) You have been divorced from the insured person for at least 2 years.