A deemed spouse cannot establish entitlement to monthly benefits if there was a legal
had been awarded benefits as the spouse of the worker; and
If the legal spouse lost that status, i.e., died, was divorced from the worker, or
their marriage was annulled, the deemed spouse may be entitled to benefits. Termination
of the legal spouse's entitlement for any other reason, without the subsequent occurrence
of one of these three events, will not permit application of the provision.
If the first month of entitlement (MOET) of the legal spouse is after the first month
for which the deemed spouse could be entitled, the deemed spouse may become entitled
to benefits for months before the first MOET of the legal spouse.
The last month of the deemed spouse's entitlement is the month before the month the
award is authorized to the legal spouse even though the legal spouse may be entitled
for earlier months. If the first month of the legal spouse's entitlement is later
than the month the award is approved, the deemed spouse's entitlement will end with
the month before the legal spouse's first MOET.