Code of Federal Regulations Title 20. Employees' Benefits § 20.404.340 How do I become entitled to mother's or father's benefits as a surviving divorced spouse?

(a) You were validly married to the insured under State law as described in § 404.345 or you were deemed to be validly married as described in § 404.346 but the marriage ended in a final divorce and—

(b) You apply for these benefits;  or you were entitled to wife's or husband's benefits for the month before the insured died;

(c) You are unmarried;

(d) You are not entitled to widow's or widower's benefits, or to an old-age benefit that is equal to or larger than the full mother's or father's benefit;  and

(e) You have in your care the insured's child who is under age 16 or disabled, is your natural or adopted child, and is entitled to child's benefits on the insured person's record.Sections 404.348 and 404.349 describe when a child is in your care.