Wife’s insurance benefits
(1)
(1)#
The wife (as defined in section 416(b) of this title ) and every divorced wife (as defined in section 416(d) of this title ) of an individual entitled to old-age or disability insurance benefits, if such wife or such divorced wife—
(A) has filed application for wife’s insurance benefits,
(B) (i) has attained age 62, or (ii) in the case of a wife, has in her care (individually or jointly with such individual) at the time of filing such application a child entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual,
(C) in the case of a divorced wife, is not married, and
(D) is not entitled to old-age or disability insurance benefits, or is entitled to old-age or disability insurance benefits based on a primary insurance amount which is less than one-half of the primary insurance amount of such individual,
shall (subject to subsection (s)) be entitled to a wife’s insurance benefit for each month, beginning with—
(i) in the case of a wife or divorced wife (as so defined) of an individual entitled to old-age benefits, if such wife or divorced wife has attained retirement age (as defined in section 416( l ) of this title), the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a wife or divorced wife (as so defined) of— (I) an individual entitled to old-age insurance benefits, if such wife or divorced wife has not attained retirement age (as defined in section 416( l ) of this title), or (II) an individual entitled to disability insurance benefits, the first month throughout which she is such a wife or divorced wife and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month she meets the criterion specified in subparagraph (A)),
whichever is earlier, and ending with the month preceding the month in which any of the following occurs—
(E) she dies,
(F) such individual dies,
(G) in the case of a wife, they are divorced and either (i) she has not attained age 62, or (ii) she has attained age 62 but has not been married to such individual for a period of 10 years immediately before the date the divorce became effective,
(H) in the case of a divorced wife, she marries a person other than such individual,
(I) in the case of a wife who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit,
(J) she becomes entitled to an old-age or disability insurance benefit based on a primary insurance amount which is equal to or exceeds one-half of the primary insurance amount of such individual, or
(K) such individual is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits.