TN 24 (09-02)

A. Policy

When there are both a deemed or putative spouse and a legal spouse on a record, the legal spouse is paid outside the family maximum (for widow(er)’s benefits see RS 00207.002A.6.). The deemed or putative spouse and all other beneficiaries on the record are reduced for the maximum. If the only auxiliaries are a legal spouse and a deemed or putative spouse, in most cases each will receive the original benefit (OB) amount. If a disability maximum (DMAX) is in effect, the legal spouse will receive the OB while the deemed or putative spouse will be limited by the DMAX. This change in policy was effective for all benefits paid for 1/91 or later. On these cases, the legal spouse will continue to be paid outside the maximum even if the deemed or putative spouse's entitlement ends. Refer to RS 00202.020A.1. for additional information.

B. Procedure

Refer to MSOM T2PE 009.016E.11-C and MSOM MCS 014.023 E.11-C.