(a) Living with. A widow(er) is considered ``living with'' the employee at the time of the employee's death, if one of the following conditions applies:
(1) The employee and spouse were members of the same household;
(2) The spouse was receiving regular contributions for support from the employee; or
(3) The employee was under court order to contribute to the spouse's support.
(b)(1) Living in the same household. An employee and spouse were ``living in the same household'' if they lived together as a married couple in the same residence. However, an employee and spouse, who were temporarily living apart, will be considered ``living in the same household'' if there was intent to share the same residence had the employee not died. The Board will usually assume that a married couple was living apart temporarily, if the separation was caused by circumstances beyond their control, for example, ill health, financial difficulties, service with the Armed Forces, or confinement in a curative, custodial, or penal institution.
(1) Living in the same household. An employee and spouse were ``living in the same household'' if they lived together as a married couple in the same residence. However, an employee and spouse, who were temporarily living apart, will be considered ``living in the same household'' if there was intent to share the same residence had the employee not died. The Board will usually assume that a married couple was living apart temporarily, if the separation was caused by circumstances beyond their control, for example, ill health, financial difficulties, service with the Armed Forces, or confinement in a curative, custodial, or penal institution.
(2) If the employee and spouse were separated solely for medical reasons, the Board will consider them ``living in the same household,'' even if the separation was likely to be permanent.