TN 20 (12-05)

Citations:

Social Security Act Section § 202(b), 202(c); Section 2205 of P.L. 97-35;

Regulations 20 CFR 404.332

A. Policy - legal spouse

Benefits for a legal spouse end with the month before the month in which:

• the marriage to the NH is ended by absolute divorce unless the spouse can be entitled to divorced spouse's benefits (see RS 00202.005);

• the marriage to the worker is annulled;

• in putative marriages, the beneficiary acquires knowledge that the marriage is invalid (when Arizona or California law is applicable, see GN 00305.085);

• he or she becomes entitled to RIB or DIB based on a PIA which equals or exceeds one-half of the worker's PIA;

• he or she dies;

• worker's entitlement to RIB or DIB terminates (if the worker's DIB ends because of conversion to RIB, the spouse's entitlement is not affected.); or

• no child of the NH under age 16 (or 18 if prior to 09/81 – see exception for spouses entitled in 08/81) or disabled is entitled to a child's benefit and the spouse has not attained age 62. (See RS 00202.010C if the spouse attains age 62 in the same month there is no entitled child who is under age 16 or disabled.)

  EXCEPTION: Omnibus Budget Reconciliation Act Of 1981 (Enacted August 13, 1981) provides that claimants who were entitled to spouse’s benefits for August 1981 have a grace period of two years from the date of enactment or the child’s attainment of age 18 whichever occurs first, before benefits will terminate. Benefits may continue beyond the grace period if at expiration, the spouse has a disabled minor child in his or her care. (For a child age 18 or over, childhood disability benefits still apply.)

B. Policy - deemed spouse

Benefits for a deemed spouse end with the month before the month in which:

• any of the events in RS 00202.040A occur;

• he or she enters into a valid marriage with someone other than the worker;

• prior to 1/1/91, the marriage to the NH is ended by divorce. After 12/31/90, see RS 00202.040A (1st bullet); or

• prior to 1/1/91, the authorizer approved an award to someone else as the legal spouse entitled to benefits on the E/R of the NH.

C. Policy - divorced spouse

Benefits for a divorced spouse end with the month before the month in which:

• he or she dies;

• he or she marries someone other than the NH except as provided in RS 00202.045 (see RS 00202.010C if the divorced spouse marries the NH);

• he or she becomes entitled to RIB or DIB based on a PIA which equals or exceeds one-half of the NH's PIA;

• the NH dies;

• the worker's entitlement to DIB terminates and he or she does not become entitled to RIB (unless the divorced spouse meets the requirements for an independently entitled divorced spouse).

D. Policy - independently entitled divorced spouse

Benefits for an independently entitled divorced spouse end with the month before the month in which:

• any of the events under Divorced Spouse, RS 00202.040C (bullets 1-4) occur;

• the NH is no longer a fully insured individual; or

• he or she marries the NH.