TN 15 (03-12)
RS 00208.035 Mothers and Fathers Effect of Remarriage
A. General policy on the effects of remarriage for mother/father benefits
Ordinarily the remarriage of a mother/father or surviving divorced mother/father will bar or terminate entitlement to mother's/father's benefits.
B. Exception to general policy
1. Subsequent marriage terminates
If the claimant remarried but the subsequent marriage terminated, she or he can be entitled or re-entitled to mother's/father's or surviving divorced mother's/father's benefits. Benefits are payable for the month in which the death or divorce occurs. For annulment policy, see GN 00305.125 Void Marriages, through, GN 00305.130 Voidable Marriages. This provision applies:
no matter how the later marriage ended (whether by death, divorce, or annulment);
even though the claimant can qualify for monthly benefits on the later spouse's earning record;
no matter how many times the claimant remarried, provided all the marriages ended; or
even though the remarriage took place and ended before 9/1965 when this provision became effective.
NOTE: A void marriage does not affect entitlement to mother's/father's benefits. Exception: A putative marriage in Louisiana has the same effect on entitlement as a valid marriage.
2. Remarriage to certain beneficiaries
The remarriage of a mother/father or surviving divorced mother/father entitled to mother's/father's benefits will not terminate such entitlement if the marriage is to someone entitled to RIB, DIB, CDB (childhood disability benefit), or divorced spouse's, widow(er)'s, mother's/father's, or parent's benefits.
NOTE: The provision that certain marriages will not terminate benefits applies only if the mother/father and spouse are entitled to the specified benefits for the month of marriage.
3. Married at the time
A mother/father or surviving divorced mother/father who is married at the time of filing an application may be entitled to mother's/father's benefits for some months within the retroactive life of the application during which she or he was not married.
4. Same-sex marriage
For instructions about same-sex marriage, see GN 00210.100.