Issue
               This memorandum is in response to your request for an opinion regarding the effective
                  date of a divorce under Maine law, for purposes of determining whether the ten-year
                  duration of marriage requirement for entitlement to divorced spouse’s benefits is
                  met.
               
               Short Answer
               We believe the divorce in this case was final as of the date the court issued the
                  amended order and judgment on February 15, 1988, and, as a result, that the ten-year
                  duration of marriage requirement was not met in this case.
               
               Background
               Husband and wife married on February 26, 1978. A divorce judgment in the state of
                  Maine dated October 30, 1987 was vacated, and an amended judgment ordered and adjudged
                  in its place. The amended judgment was ordered and adjudged on February 15, 1988.
                  The defendant signed the judgment on February 25, 1988 and a true copy was filed with
                  the clerk on February 26, 1988.
               
               Applicable Law
               Rule 58 of the Maine Rules of Civil Procedure states:
               The notation of a judgment in the civil docket in accordance with Rule 79(a) constitutes
                  the entry of the judgment. Any judgment or other order of the court is effective and
                  enforceable upon signature by the court . . . . The date of entry of the judgment
                  or order shall govern time calculations pursuant to these rules or applicable statutes.
               
               In Estate of Banks v. Banks, 968 A.2d 525 (Me. 2009), the Supreme Judicial Court of Maine addressed the applicability
                  of this rule in determining the finality of a divorce during the period between the
                  court’s signature and the docketing of the judgment. In that case, the district court
                  signed a judgment in the divorce action on July 15, 2008, the wife died on July 20,
                  2008, and the judgment was docketed on July 25, 2008. Id. at 526. The husband then filed a motion to dismiss, arguing that the divorce was
                  not final when the wife died. Id.
               The Supreme Judicial Court of Maine first noted that “after a trial court has rendered
                  its divorce judgment, the finality of the judgment is not dependent on the expiration
                  of the time allowable for filing a notice of appeal.” Id. at 527 (citing MacPherson v. Estate of MacPherson, 919 A.2d 1174, 1176 (Me. 2007)). The court then applied that principle to the issue
                  of the finality of a divorce during the period between the court’s signature and the
                  docketing of the judgment. After reciting Rule 58 of the Maine Rules of Civil Procedure,
                  the court noted that that rule had been amended specifically “to make a judgment effective
                  and enforceable upon signature by the court rather than at the time the judgment is
                  docketed.” Id. (citing the Advisory Committee’s notes to the 2004 amendment to Rule 58). The court
                  noted that the rule was “amended to address problems encountered by litigants, particularly
                  in domestic relations cases, when court staffing shortages caused significant delays
                  in docketing.” Id. Based on this rule, the court concluded that the divorce judgment became final and
                  effective upon the signature of the court, before the wife died, rather than when
                  it was docketed five days after her death. Id. at 528.
               
               Analysis
               In this case, although a copy was not filed with the clerk until February 26, 1988,
                  the court rendered a judgment of divorce on February 15, 1988. Based on the principles
                  outlined in Banks, the divorce was final, effective, and enforceable on that date, rather than the
                  later date a copy was filed with the clerk. Because the couple married on February
                  26, 1978, their marriage did not last for ten years, and there is no entitlement to
                  divorced spouse’s benefits.
               
               Conclusion
               Because the marriage did not last for ten years, there is no entitlement to divorced
                  spouse’s benefits in this case.
               
               Frank Cristaudo
               Acting Regional Chief Counsel
               By: _______________
               Molly E. Carter
               Assistant Regional Counsel