SSR 84-1: SECTIONS 202(d)(1) AND (6) AND 202(h)(1) (42 U.S.C. 402(d)(1) AND (6) AND 402(h)(1)) ANNULMENT OF A VOIDABLE MARRIAGE -- EFFECT ON ENTITLEMENT OR REENTITLEMENT TO BENEFITS
20 CFR 404.350, 404.351, and 404.370
SSR 84-1
- Annulment of a voidable marriage permits entitlement or reentitlement to parent's insurance benefits, and reentitlement to child's insurance benefits, unless the annulling court has granted, or retains power to grant, permanent alimony to the claimant.
A question has been raised as to whether the annulment of a voidable marriage will permit entitlement or reentitlement to parent's insurance benefits, and reentitlement to child's insurance benefits.
Under section 202(d)(1) of the Social Security Act (the Act), a child of a worker may become entitled to child's insurance benefits if, among other conditions, the child is unmarried. Thus, initial entitlement to child's insurance benefits is not precluded if a child's marriage has ended by reason of divorce, annulment, or death of the spouse.
However, under section 202(d)(6) of the Act, a person who is entitled to child's insurance benefits and whose entitlement is terminated because of marriage (or terminated for another reason and who later marries) may not be reentitled to those benefits when the marriage ends by reason of divorce or death of the spouse.
Under section 202(h)(1) of the Act, a person cannot become entitled to parent's insurance benefits if he or she has married since the worker's death (even if that marriage ended by reason of divorce or death of the spouse). Also, a person who is entitled to parent's insurance benefits and whose entitlement is terminated because of marriage may not be reentitled to those benefits when the marriage ends by reason of divorce or death of the spouse.
If the child's or parent's marriage is void (i.e., invalid under applicable State law regardless of whether there has been a judicial annulment), the child or parent is considered not to have married. Thus, a void marriage will not preclude or terminate entitlement to child's or parent's benefits and will not preclude reentitlement to child's benefits.[1] A voidable marriage (i.e., one that is defective but valid under applicable State law unless and until declared invalid by court action) generally terminates child's or parent's benefits[2] and precludes entitlement to child's or parent's benefits.
If a voidable marriage is annulled by court action, entitlement to parent's benefits and reentitlement to child's or parent's benefits is ordinarily permitted. The child or parent may be reentitled to benefits beginning no earlier than the month in which the marriage is annulled. (This general rule is based on the rationale of Folsom v. Pearsall, 245 F.2d 562 (9th Cir. 1957).) However, if the annulling court awards permanent alimony to the claimant or retains jurisdiction under State law to grant the claimant permanent alimony in the annulment action, the claimant cannot be treated as if he or she had not married. Under such circumstances, entitlement or reentitlement to parent's benefits is precluded, and reentitlement to child's benefits is precluded. (This general rule is based on the rationale of Nott v. Flemming, 272 F.2d 380 (2d Cir. 1959). See also McMahon v. Califano, 650 F.2d 49, 54 n.8 (2d Cir. 1979), SSR 79-29c (C.E. 1979).)
[1] However, entitlement or reentitlement may be precluded or entitlement may be terminated in some cases involving a putative marriage.
[2] Under sections 202(d)(5) and 202(h)(4) of the Act, the marriage (whether valid or voidable) of a parent or disable child 18 years old or older to an individual entitled to certain benefits under title II of the Act will not terminate entitlement to parent's or child's insurance benefits.
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