Husband’s insurance benefits
(1)
(1)#
The husband (as defined in section 416(f) of this title ) and every divorced husband (as defined in section 416(d) of this title ) of an individual entitled to old-age or disability insurance benefits, if such husband or such divorced husband—
(A) has filed application for husband’s insurance benefits,
(B) (i) has attained age 62, or (ii) in the case of a husband, has in his 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 husband, 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 husband’s insurance benefit for each month, beginning with—
(i) in the case of a husband or divorced husband (as so defined) of an individual who is entitled to an old-age insurance benefit, if such husband or divorced husband has attained retirement age (as defined in section 416( l ) of this title), the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D), or
(ii) in the case of a husband or divorced husband (as so defined) of— (I) an individual entitled to old-age insurance benefits, if such husband or divorced husband 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 he is such a husband or divorced husband and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month he 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) he dies,
(F) such individual dies,
(G) in the case of a husband, they are divorced and either (i) he has not attained age 62, or (ii) he has attained age 62 but has not been married to such individual for a period of 10 years immediately before the divorce became effective,
(H) in the case of a divorced husband, he marries a person other than such individual,
(I) in the case of a husband who has not attained age 62, no child of such individual is entitled to a child’s insurance benefit,
(J) he 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.