416.When is a surviving divorced parent entitled to father's or mother's insurance benefits?
You are entitled to father's or mother's insurance benefits, as a surviving divorced father or mother of a worker who died fully or currently insured (as defined in §§203 and 206), if you meet the following conditions:
You and the worker were validly married under State law (see §402.1 A), or you were deemed to be validly married (see §402.1 B) but the marriage ended in a final divorce. After January 1, 1991, a marriage based on the requirements in §402 (B) also qualifies;
You filed an application for father's or mother's insurance benefits;
NOTE: No application is required if you were entitled to spouse's benefits for the month before the month the worker died.
You are not married;
You are not entitled to widow(er)'s insurance benefits (as defined in §402), or to a retirement insurance benefit that is equal to or larger than the father's or mother's full benefit;
The child is your natural or legally adopted child;
The child is entitled to child's insurance benefits on the worker's earnings record; and
The child is under age 16 or disabled; and
You meet one of the requirements in §401 (F).
Last Revised: Sep. 1, 2009