A divorced spouse must:
be finally divorced from the NH; and
have been married (as defined in RS 00202.001A.1.) to them for a period of at least 10 years (for benefits prior to 1/79, the requirement
was 20 years) immediately before the date the divorce became final. For benefits payable
prior to 1/1/91, the 10-year duration must be based on a legal or putative marriage.
However, after 12/31/90, credit can be given for a deemed marriage towards the 10-year
This requirement is met if the divorce became final on or after the 10th anniversary
of the marriage. This is so even if this period was interrupted by a prior divorce,
provided the remarriage took place no later than the calendar year immediately following
the calendar year of the divorce. Even when this requirement was not met with respect
to the claimant's last divorce, they may qualify based on a 10-year period of marriage
immediately before a prior divorce.
EXAMPLE: Robert, who married Lois on 5/6/80, was divorced 5/2/86. On 7/7/87, they remarried
but were again divorced 9/5/90. The 10-year requirement is met. However, if Robert
and Lois had remarried in 1988 instead of 1987 and were divorced again on 9/5/90,
the 10-year requirement could not be met. The marriage must be in existence in each
of the 10 years before the final divorce in order for the claimant to be entitled.