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4.6.1 Living With Defined

A spouse of widow(er) is "living with" if:

• (S)he and the employee are members of the same household; or

• The employee is contributing to the spouse's or widow(er)'support; or

• The employee is under court order to contribute to the spouse's or widow(er)'s 

support.

4.6.2 When "Living With" Is Required

A. Life Cases - The 1983 Railroad Retirement amendments eliminated the living 

with requirement except when:

• the spouse is filing as a de facto (deemed)

• the spouse's entitlement may begin prior to 8-12-83.

B. Survivor Cases - "Living with" is required for a widow(er) to qualify for an accrued 

employee annuity due but unpaid at death, LSDP or RLS on the basis of that 

relationship. For eligibility to an LSDP in cases where the employee acquired his 

120th railroad service month after 1974, or 60-119 months after 1995, the widow 

must meet the “living with” requirement by “living in the same household” as the 

employee at the time of the employee’s death. For further information about 

eligibility for an LSDP, see RCM 2.8.12. For a definition of “living in the same 

household”, see RCM 2.8.26.

Effective 11-1-66, "Living with" is usually not required in order for a legal

widow(er) to qualify for an insurance annuity. The only case in which a legal

widow(er) must be "Living with" is that of a deceased employee not insured 

under the SS Act at death. However, a de facto widow(er) must always be living 

in the same household with the employee at the time of the employee's death in 

order to qualify for an insurance annuity. 

4.6.3 Point In Time When "Living With" Requirement Must Be Met

A. Members of Same Household

1. Life Case - In the case of a de facto spouse or a spouse entitled before 8-

12-83, the employee and spouse must be members of the same 

household on the date on which the spouse annuity application is filed.

2. Survivor Case - The employee and widow(er) must be members of the 

same household at the time of the employee's death.
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B. Contributions Towards Support

1. Life Case - In the case of a spouse entitled before 8-12-83, the employee 

must have been contributing to the spouse's support as of the day on 

which the application for a spouse annuity was filed. This was broadly 

interpreted as any day within the 12-month retroactivity of the application 

as of which the spouse was other-wise qualified. Even though the 

contributions may have been discontinued before the actual filing date of 

the spouse's application, the requirement was met if it was established 

that the employee was making regular contributions at a time in the 

retroactive period as of which the spouse applicant met all other 

requirements.

When a spouse annuity was denied for not meeting this requirement, the 

spouse may have qualified at a later date upon establishing that the 

employee made regular contributions after the denial. The spouse 

annuity, if otherwise payable, could have begun as early as the month 

following the sixth consecutive month of substantial contributions.

2. Survivor Case - The employee must be contributing to the widow(er)'s 

support at the time of the employee's death.

C. Court Order for Support

1. Life Case - In the case of a spouse entitled before 8-12-83, the court order 

for support must have been in effect on the date on which the application 

for a spouse annuity is filed.

2. Survivor Case - The court order for support must be in effect at the time of 

the employee's death.

4.6.4 Effect Of Employee's Place Of Death Of "Living With" 

Development

The fact that the employee died away from the family household is not in itself reason 

for full development of "living with." Many deaths occur away from the family residence. 

When there is an allegation of "living with," but the file indicates that death occurred 

away from the family residence, an explanation showing that the employee died at a 

hospital, at work, on a business trip or vacation, is usually sufficient. This is not true, of 

course, when other evidence casts doubt on the "living with" allegation. In such case, 

develop the "living with," allegation fully.

4.6.10 Members Of Same Household

A husband and wife are considered "members of the same household" if they 

customarily live together as husband and wife in the same abode. If they are living at 
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the same address, assume they are living together in the absence of evidence to the 

contrary.

A husband and wife are also considered members of the same household if they have 

shared and again intend to share the same abode, even though:

• They live apart temporarily because of circumstances beyond their control (such as 

financial difficulties, ill health, working away from home, service in the Armed 

Forces, etc.); or 

• They live apart temporarily because one spouse is in a curative, custodial, or penal 

institution.

While temporarily living apart as described above does not defeat "living with," the facts 

must establish that there is an intent to resume living together and that the living apart is 

temporary in nature.

If the employee and spouse were separated solely for medical reasons, consider them 

to be living in the same household, even if the separation was likely to be permanent 

and there was little or no expectation of them living together again. As long as the 

spouse continued to demonstrate strong personal and/or financial concern for the 

employee, assume they would have lived together (absent evidence to the contrary) 

had the medical reasons not necessitated their separation.

4.6.11 Proof Required

Ordinarily, proof that the husband and wife are members of the same household 

consists of a statement made by the applicant on the application form; in a life case, the 

employee must answer item 2 of the G-346 whenever the spouse applies as a de facto 

spouse or qualifies for payment prior to 8-12-83. These statements are acceptable to 

establish that the husband and wife are members of the same household unless 

information received in the course of development raises doubt. However, if the 

required information is not furnished on the application, or on G-346 in a life case, or if 

additional information is required, a sworn statement may be submitted.

4.6.12 Effect Of Temporary Separations

Statements of intent to live together again from the husband and wife (or survivor) will 

prove "living with" unless the evidence shows other than temporary causes for 

separation. However, the intent to resume living together must be present at the time of 

the separation. Consider the reason for the separation and its duration in determining 

whether the intent existed or changed. Whether a separation is temporary or not is 

governed by the circumstances at the time of the separation, duration of the separation 

and what occurred during the living apart, as well as by the intention of the parties.

When the temporary separation resulted from domestic difficulties or when a permanent 

separation was the initial intent, handle in accordance with the following sections.
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4.6.13 Separation Due To Domestic Trouble Or Incompatibility

When the separation is due to incompatibility, ill treatment, or other domestic difficulty, 

do not assume the separation is temporary without proof that it is. When there is a 

history of separation due to domestic difficulties, the fact that the parties resumed living 

together on prior occasions does not necessarily mean that the last separation is a 

temporary one. The single fact that on previous occasions the parties did resume living 

together does not justify an assumption that they would resume living together on the 

last occasion. However, consider the history of those prior separations and 

resumptions of living together in determining whether or not the last separation was 

temporary.

4.6.14 Reconciliation

A. Effect of Reconciliation - The fact that a separation may have been permanent 

initially does not prevent a finding of "living together" if at a later time the parties 

become reconciled AND perform some overt act evidencing a resumption living 

together. Consider the separation ended at that point unless one of the parties 

subsequently did something to disavow the reconciliation. However, both of the 

above factors must be present, i.e., neither an agreement to resume living 

together nor an alleged overt act standing alone will suffice. Thus, when the 

parties have been permanently separated, a mere unexecuted intention to 

resume living together cannot reasonably justify a finding that the parties were 

members of the same household on either the application filing date or the date 

of the reconciliation agreement.

A conditional agreement to resume living together does not become a 

reconciliation agreement until the condition is fulfilled. However, the fulfillment of 

the condition is not an overt act since it merely relates to the completion of the 

conditional reconciliation agreement but not to the execution of such agreement. 

For example, the parties agree to resume living together if the husband goes to 

work. The securing of a job fulfills the condition of the agreement but the parties 

must also perform an overt act (e.g., rent an apartment) to complete the 

reconciliation.

B. Development of Reconciliation - Secure evidence of acts showing that there is a 

reconciliation with an intent to resume living together again. This may include 

receipts for rent, furniture, etc., combined with evidence of their actually living 

together again. Obtain statements from the applicant, the employee (if living), 

and from one other person who knows the facts, as to:

• The date and cause of the separation;

• The history of other separations'

• The action of the parties while separated;
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• Remarks made by either spouse to the witness (or in his presence) showing 

whether there is an intent to resume living together and the conditions under 

which the remarks are made;

• Whether the husband or wife performed an act preparatory to living together 

again, and the basis for the witness' knowledge of this act.

In a survivor case, if the widow(er) did not pay the employee's burial expenses, 

secure a statement from the widow(er) as to why (s)he did not pay such 

expenses. Also obtain a statement from the person(s) who did pay such 

expenses as to their knowledge of the separation and whether there had been a 

reconciliation. (This statement is not required of an organization which pays 

B/E.)

4.6.15 Separation Due To Confinement Of One Spouse

A. General - Consider a husband and wife members of the same household even 

though one party is confined in a curative, custodial, or penal institution if:

• They are living together at the time one of them is confined; and

• There is a continuing intent to resume living together.

Base the decision as to whether there is a continuing intent to resume living 

together by both parties upon all the facts.

See RCM 4.6.10 for further information concerning confinement of a spouse in a 

hospital or other curative institution.

B. Party Committed to Penal Institution - A finding of "living together" when one 

party is in a penal institution is not justified if (s)he is committed:

• For life; or

• For a period of years exceeding life expectancy; or

• Under a sentence of death.

Evidence showing that the other party is living with someone else in a marital or 

meretricious relationship also rebuts the intention to resume living together.

4.6.25 Contributions Toward Support

Contributions by the employee to the spouse may be in cash or in kind, but they must 

be regular and substantial. No fixed amount has been set. The test is whether the 

employee recognizes an obligation to contribute to the support of the spouse and does 

so contribute. For example, contributions are proved if a husband lets his wife live rent-
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free in a house that he owns. However, if they own the house jointly, the employee's 

contribution is equal to one-half of the amount by which the fair rental value exceeds the 

cost of maintenance. (Maintenance costs include repairs, taxes, mortgage payments 

and interest, etc.) This factor merely establishes regularity; it is still necessary to 

determine whether the contribution is substantial.

4.6.26 Proof Required

Generally, the statements by the applicant on the application (or, prior to 8-12-83, by the 

employee on G-346 in a life case) are sufficient to establish contributions toward 

support.

Obtain a sworn statement to establish contributions toward support if:

• The information required is not furnished by either the applicant on the application or 

by the employee on G-346; or

• Reasonable doubt exists about the accuracy of the statements in view of other 

information in file; or

• Additional information is needed before making a determination.

The above rules apply in both life and survivor cases regardless of whether the 

applicant lives in this country or in a foreign country.

4.6.27 Monthly Social Security Benefits

A. General - The receipt of a monthly spouse benefit under the SS Act constitutes 

"contributions toward support" if the spouse met one of the "living with" 

requirements on the date (s)he filed the SS benefit application. In these cases, 

the spouse can be "deemed" to have filed an RR Act application on the date the 

SS benefit application was filed for the purpose of establishing "living with."

Prior to 9-1957, "living with" was requirement for entitlement to a monthly spouse 

benefit under the SS Act. Therefore, if a monthly spouse benefit was awarded 

before 9-1957, it can be assumed that the spouse was "living with" the employee 

on the date (s)he filed the SS benefit application.

The 1957 SS Act amendments eliminated "living with" as a requirement for 

entitlement to a monthly spouse benefit for months after 8-1957. Therefore, if a 

monthly spouse benefit was awarded after 8-1957, further development may be 

necessary to determine if the spouse was "living with" the employee on the date 

(s)he filed the SS benefit application. If the date on which the SS benefit 

application was filed is not in the claim folder, obtain such date from SSA if it is 

required to establish "living with".
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If the SS benefit awarded before 8-1957 was erroneous, however, "living with" 

cannot be established on the basis of receiving the benefit.

If the monthly spouse benefit was reduced because of the spouse's entitlement 

to another SS benefit, determine whether the reduced amount is still a 

substantial contribution.

B. Life Cases - A monthly spouse benefit properly paid or payable and continuing 

through the RR Act entitlement date can be considered contributions toward 

support in determining "living with" if:

• The SS benefit was awarded before 9-1957; or

• The SS benefit was awarded after 8-1957 and the spouse met one of the 

"living with" requirements on the date (s)he filed the SS benefit application.

However, if the monthly spouse benefit is in suspense for any reason "as of the 

day on which the application for a spouse annuity if filed" (see sec. 4.6.3B), do 

not consider it contributions toward support.

C. Survivor Cases - A monthly spouse benefit properly paid or payable and 

continuing through the month before the employee died can be considered 

contributions toward support if:

• The SS benefit was awarded before 9-1957; or

• The SS benefit was awarded after 8-1957 and the spouse met one of the 

"living with" requirements on the date (s)he filed the SS benefit application.

However, if the monthly spouse benefit is in suspense for any reason when the 

employee dies, do not consider it contributions toward support.

4.6.28 RR Act Spouse Annuity

An RR Act spouse annuity properly paid or payable prior to 8-12-83 on the employee's 

compensation record for the month before the month the employee died is a 

contribution toward support and establishes "living with" for the purpose of paying the 

widow(er) survivor benefits.

A spouse annuity payable 8-12-83 or later is a contribution toward support only if the 

spouse met one of the living with requirements in RCM 4.6.1 on the filing date of the 

spouse annuity application.

NOTE: A payment not legally due the spouse for the month preceding the employee's 

death cannot be considered a contribution toward support.
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4.6.29 Veterans Administration Payment

VA payments to a wife based on her husband's entitlement to veterans' payments are 

deemed to be contributions by him if they are paid or payable before his death. It is 

immaterial whether or not he agreed to such payments 

4.6.30 Prorating Contributions Made By Employee

When the employee contributes to the support of his wife and children and there is no 

evidence as to the amount intended for each, assume that three parts of each 

contribution are for the spouse and two parts are for each child. For example, when the 

employee contributes $180 to his wife and three children, prorate the amount as shown 

below:

Wife (3 parts) = $ 60.00

Child (2 parts) = 40.00

Child (2 parts) = 40.00

Child (2 parts) = 40.00

(9 parts) $180.00

4.6.31 Presumption Of "Living With" When Employee Unable To 

Continue Contributions

A. General - When the employee is making regular and substantial contributions but 

is unable to continue due to causes beyond his control, presume "Living with" 

unless:

• There is information already in file or obtained during development which 

raises doubt as to whether the employee would have continued contributing 

even if he could have; or

• The failure to contribute has lasted for an unreasonable period of time.

B. Unreasonable Period - Whether or not a certain period is unreasonable depends 

on the employee's efforts and ability to contribute. However, a period of more 

than one year is usually considered unreasonable.

4.6.40 Court Order For Support

The term "court order for support" refers to a court issued document which provides for 

support payments to the spouse by the employee. If children are involved in the 

support payments, the court order must specifically provide for the spouse's support in 
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order to establish "living with." Provision for the support of the children alone does not 

establish "living with" for the spouse.

4.6.41 Proof Required

When the employee is ordered by a court to contribute to the applicant's support, a 

certified copy of the order or decree must be submitted. Any such court order must be 

certified by the court clerk or custodian of the records as not having expired or been 

vacated. The court order must be in force before the actual date on which the spouse 

annuity application is filed, or, in a survivor case, before the data of the employee's 

death. A court order which has been "suspended" is considered in effect as long as it 

has not expired or been vacated.

4.6.42 Separation Agreement

A separation agreement providing for contributions to the spouse's support which is not 

included in a court order is not sufficient under this provision; however, "living with" may 

be proved if it is shown that regular and substantial contributions are actually made to 

the spouse under such an agreement.

4.6.43 Verifying Applicant's Statement Of Non-Support

When an applicant is apparently ineligible because (s)he is not living with the employee, 

is not receiving contributions toward support, and (s)he claims that only the children are 

named in a court order for support, ask the applicant to submit a copy of the court order 

in order to verify the statement that (s)he is not included.