TN 9 (10-93)

RS 00208.055 Mothers and Fathers Validity of Divorce or Marriage of Surviving Divorced Mother/Father

A. Policy - Divorce

Generally, the validity of a divorce need not be questioned.

Proof of divorce is always needed. See GN 00305.120 for types of evidence.

B. Policy - Marriage

A divorce presupposes that the marriage terminated by the divorce was a valid one. Thus, proof of the divorce constitutes evidence of the validity of the surviving divorced mother's/father's marriage to the NH, and also constitutes proof of marriage. However, proof of the validity of the marriage is required when:

  • Development is necessary to establish the validity of the claimant's divorce from the NH; or

  • Information in file, in the divorce decree, etc., raises a reasonable doubt of the validity of the marriage.

Follow GN 00305.005, if necessary, to question the validity of the surviving divorced mother's/father's marriage to the NH.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300208055
RS 00208.055 - Mothers and Fathers Validity of Divorce or Marriage of Surviving Divorced Mother/Father - 07/26/2012
Batch run: 07/26/2012
Rev:07/26/2012