20 CFR 725.214 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of Workers' Compensation Programs, Department Of Labor (Part 700 To Parts 727-799) — Federal Coal Mine Health And Safety Act Of 1969, As Amended (§ 718.1 To Parts 727-799) — Claims For Benefits Under Part C Of Title Iv Of The Federal Mine Safety And Health Act, As Amended (§ 725.1 To § 725.711) — Persons Entitled To Benefits, Conditions, And Duration Of Entitlement (§ 725.201 To § 725.233) — Conditions And Duration Of Entitlement: Miner'S Dependents (Augmented Benefits) (§ 725.204 To § 725.233) — Determination of relationship; surviving spouse.

An individual shall be considered to be the surviving spouse of a miner if:

(a) The courts of the State in which the miner was domiciled (see § 725.231) at the time of his or her death would find that the individual and the miner were validly married; or

(b) The courts of the State in which the miner was domiciled (see § 725.231) at the time of the miner's death would find that the individual was the miner's surviving spouse; or

(c) Under State law, such individual would have the right of the spouse to share in the miner's intestate personal property; or

(d) Such individual went through a marriage ceremony with the miner, resulting in a purported marriage between them which, but for a legal impediment (see § 725.230), would have been a valid marriage, unless such individual entered into the purported marriage with knowledge that it was not a valid marriage, or if such individual and the miner were not living in the same household at the time of the miner's death.