Question juridique clé
Whether the divorced spouse's survivor pension is governed by § 32 BVK Statutes or by § 30 BVK Statutes.
Solution extraite
The claim is governed by § 32 BVK Statutes because the claimant was divorced and the insured died while the divorce appeal on maintenance was pending.
Motifs extraits
The pendency of appeals only suspended finality in the appealed scope; the divorce itself was final. § 32 applies whenever a divorced spouse meets its conditions, even if the maintenance award was not yet finally fixed.