Under the principle of estoppel, even though a worker's divorce would not be valid
under the law of their domicile, the other party to the divorce may be estopped from
denying its validity. The estopped party is precluded from having the requisite relationship
to the worker to become entitled to benefits as their spouse. The estoppel principle
may apply:
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a.
Where a divorce would not be valid under the law of the State of the worker's domicile;
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b.
Where an otherwise valid divorce obtained in or outside the State of domicile is not
effective because of a defect in the proceedings (e.g., the judge did not sign the
decree of judgment, the final decree was not entered, or court costs were not paid,
etc.);
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c.
In Mississippi and North Carolina where the worker and the spouse separated without
obtaining a divorce and the spouse remarried. Note : For claims adjudicated on or after 5/23/00, SSA recognizes the estopped spouse
as the legal spouse of the worker. This is a change of position;
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d.
In Mississippi where the worker and the spouse separated without obtaining a divorce
and the spouse lived with another individual. Note : For claims adjudicated on or after 5/23/00, SSA recognizes the estopped spouse
as the legal spouse of the worker. This is a change of position;
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e.
In North Carolina where the separated spouse was living in adultery which was not
condoned or refused to live with the worker and was not living with the worker at
their death.
Note: For claims adjudicated on or after 5/23/00, SSA recognizes the estopped spouse as
the legal spouse of the worker. This is a change of position.
In such cases, the spouse is estopped from denying the termination of the marriage
to the worker, and thus, from being considered the worker's spouse for Social Security
benefit purposes, except, beginning 5/23/00, where estoppel is based on separation
in Mississippi and North Carolina.
NOTE: Mississippi and North Carolina are the only States that recognize the concept of
estoppel based on a separation rather than a divorce action.