If the marriage (including invalid ceremonial marriage) between the NH and the stepchild's
parent ends in a divorce that becomes final in or after July 1996, the stepchild's
benefits terminate. The stepchild's entitlement will terminate the month after the
month in which the divorce becomes final, i.e., the month of the divorce is the last
month for which benefits are payable to the stepchild on the NH's record. This provision
is contained in section 104 of P.L. 104-121. For post-entitlement processing instructions,
see GN 02602.400.
EXAMPLE: The NH’s stepchild is entitled to child’s benefits on the NH’s record. The NH’s marriage
to the stepchild’s parent ends due to divorce on November 08, 2015. The stepchild’s
benefits will terminate December 2015, the month after the month the divorce was final.
November 2015 is the last month for which the stepchild receives a benefit (payable
in December 2015).
CAUTION: If the NH has legally adopted the child, entitlement may be possible as an adopted
If the marriage between the NH and the stepchild's parent ends in a divorce becoming
final before July 1996, the divorce will not terminate the stepchild's entitlement.
If the divorce is after June 30, 1996, the divorce does terminate the stepchild’s
entitlement. If the NH and the stepchild’s parent remarry, they must meet a new one-year
duration of relationship and one-half support-met requirement before re-entitlement.