SSR 83-1a: SECTIONS 202(b), 216(d), 216(h)(1)(A), AND 216(h)(1)(B) (42 U.S.C. 402(b), 416(d), 416(h)(1)(A), AND 416(h)(1)(B)) WIFE'S INSURANCE BENEFITS -- FAMILY RELATIONSHIPS -- STATUS OF A "DEEMED" DIVORCED WIFE

20 CFR 404.330, 404.331, 404.345, and 404.346

SSR 83-1a

After their marriage ceremony in New York in 1950, the claimant and the worker resided in Texas until January 1974, when the worker deserted the claimant. The claimant divorced the workers in Texas in June 1974. The claimant did not learn that the worker had a prior undissolved marriage until after she had applied for wife's insurance benefits as the worker's divorced spouse in April 1977. Her application was denied because, under § 404.331(a)(1) of Regulations No. 4, a divorced wife may become entitled to benefits on her former husband's earnings record only if her marriage to him was valid under State law. Held, because the worker's prior marriage had never terminated, his marriage to the claimant was not valid under State law; consequently, the claimant was precluded from becoming entitled to wife's insurance benefits as the worker's divorced spouse.

The issue before the Appeals Council was whether the claimant was entitled to wife's insurance benefits as the worker's divorced spouse.

After their marriage in New York on January 28, 1950, the claimant and the worker moved to Texas where they lived continuously, except for a brief stay in Arizona, until 1974. In January 1974, the worker deserted the claimant; consequently, she divorced him in Texas on June 7, 1974. During their "marriage," the claimant did not know that the worker had a prior undissolved marriage. She did not learn of this marriage until after she had applied for wife's insurance benefits as the worker's divorced spouse on April 5, 1977. At the time of her application, the worker was domiciled in Florida.

The worker and his first wife were married in Illinois on August 19, 1943. They separated in 1948, but were never divorced. The worker resumed living with his first wife after leaving the claimant. In January 1977, the worker became entitled to old-age insurance benefits and his wife became entitled to wife's insurance benefits on his earnings record.

The claimant's application for wife's insurance benefits as the worker's divorced spouse was denied initially and upon reconsideration because it was determined that her marriage to him was bigamous and void. On appeal, an administrative law judge (ALJ) found that the claimant had gone through a ceremonial marriage with the worker in good faith. Consequently, the ALJ concluded that the claimant was entitled to wife's insurance benefits as the worker's divorced spouse on the basis of a deemed valid marriage.

Section 202(b)(1) of the Social Security Act (the Act) provides, in pertinent part, that if certain requirements are met --

"The wife (as defined in section 216(b)) and every divorced wife (as defined in section 216(d)) of an individual entitled to old-age . . . insurance benefits . . . shall . . . be entitled to wife's insurance benefits . . . ."

Section 216(d)(1) of the Act provides that --

"The term 'divorced wife' means a woman divorced from an individual, but only if she had been married to such individual for a period of 10 years [20 years prior to January 1979] immediately before the date the divorce became effective."

Section 404.330 of Regulations No. 4 provides, in pertinent part, that --

"You are entitled to benefits as the wife . . . of an insured person who is entitled to old-age . . . benefits if --
(a) You are the insured's wife . . . based upon a relationship described in §§ 404.345-404.346 . . . ."

Section 404.331 of Regulations No. 4 provides, in pertinent part, that --

"You are entitled to wife's . . . benefits as the divorced wife . . . of an insured person who is entitled to old-age . . . benefits if --
(a) You are the insured's divorced wife . . . and --
(1) You were validly married to the insured under State law as described in § 404.345 . . . ."

Section 404.345 of Regulations No. 4, which implements section 216(h)(1)(A) of the Act, provides, in pertinent part, that --

"To decide your relationship as the insured's wife . . . we look to the laws of the State where the insured had a permanent home when you applied for wife's . . . benefits . . . If you and the insured were validly married under State law at the time you apply for wife's . . . benefits . . . the relationship requirement will be met. The relationship requirement will also be met if under State law you would be able in inherit a wife's . . . share of the insured's personal property if he . . . were to die without leaving a will."

Section 404.346 of Regulations No. 4, which implements section 216(h)(1)(B) of the Act, provides, in pertinent part, that --

"(a) General. If your relationship as the insured's wife . . . cannot be established under State law as explained in § 404.345, you may be eligible for benefits based upon a deemed valid marriage. You will be deemed to be the wife . . . of the insured if, in good faith, you went through a marriage ceremony with the insured that would have resulted in a valid marriage except for a legal impediment. A legal impediment includes . . . an impediment which results because a previous marriage had not ended at the time of the ceremony . . . . Good faith means that at the time of the ceremony you did not know that a legal impediment existed, or if you did know, you thought that it would not prevent a valid marriage.
(b) Entitlement based upon a deemed valid marriage. To be entitled to benefits as the result of a deemed valid marriage, you and the insured must have been living in the same household . . . at the time you apply for benefits. If at the time you apply another person is or has been entitled to benefits as the wife . . . of the insured, and such person's relationship to the insured was determined under State law as explained in § 404.345, you will not be entitled to benefits . . . ."

The Appeals Council disagreed with the ALJ's decision that the claimant was entitled to wife's insurance benefits as the worker's divorced spouse on the basis of a deemed valid marriage. Under § 404.330 of Regulations No. 4, a wife may become entitled to wife's benefits on her husband's earnings record on the basis of a marriage that is valid under State law, as described in § 404.345, or on the basis of a deemed valid marriage, as described in § 404.346. Under § 404.331(a)(1), however, a divorced wife may become entitled to wife's benefits on her former husband's earnings record only if her marriage to him was valid under State law. The claimant's marriage to the worker was not valid under the laws of Florida (where the worker was domiciled when the claimant filed her application) because the worker's prior marriage was never terminated. Consequently, the Appeals Council found that the claimant's entitlement to wife's insurance benefits as the worker's divorced spouse was precluded. The Appeals Council further found that, even if the claimant and the worker had not been divorced, the claimant would not have been able to establish her entitlement to benefits as the worker's wife on the basis of a deemed valid marriage. The evidence shows that the claimant and the worker were not living together in the same household at the time the claimant filed her application. In addition, when the claimant applied, the worker's first spouse, who was validly married under State law, was entitled to benefits as the worker's wife.


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