Spouse means an individual with whom another individual lawfully entered into marriage under the law of the jurisdiction in which it was entered into, and includes a spouse living apart from the other individual, other than pursuant to divorce, except that -
(1) In connection with a claim, the term does not include anyone upon whose injury the claim is predicated; and
(2) Notwithstanding any other provision of law -
(i) For an individual purporting to be a spouse on the basis of a common-law marriage (or a putative marriage), or on any other basis, to be considered a spouse within the meaning of this definition, it is necessary (but not sufficient) for the jurisdiction of domicile of the parties to recognize such individual as the lawful spouse of the other individual; and
(ii) In deciding who may be the spouse of a public safety officer -
(A) The relevant jurisdiction of domicile is the officer's (as of the injury date); and
(B) With respect to a claim under subpart B of this part, the relevant date is that of the officer's death.


28 CFR § 32.3

Scoping language

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