TN 5 (08-11)

RS 00209.005 How Marriage Affects Entitlement to Parent's Benefits

A. Entitlement for parent’s benefits after marriage

Entitlement to parent's benefits will not terminate if the marriage is to an individual entitled to benefits as a:

  • widow(er);

  • mother or father;

  • parent;

  • disabled adult child; or

  • divorced spouse

B. Operating policy for parent’s benefits after marriage

1. Initial entitlement after marriage

The provision in RS 00209.005A in this section does not apply to cases of initial entitlement after marriage. The provision applies only if the marriage occurred in a month of entitlement.

2. Void marriages

  1. Void marriages do not affect entitlement to benefits or terminate them except where such marriage constitutes a putative marriage in Louisiana. A Louisiana putative marriage will bar entitlement to parent's benefits for months prior to the termination of the putative relationship by acquisition of knowledge of the defective relationship. Such marriage will terminate parent's benefits, subject to re-entitlement for months beginning with the termination of the putative relationship. For more information on void marriages, see GN 00305.125.

  2. A putative marriage in any other State that recognizes such marriages will not bar entitlement to parent's benefits.

3. Voidable marriages

A voidable marriage is an annulled marriage that does not necessarily preclude entitlement to, and may permit re-entitlement of, benefits under certain conditions. For more information on voidable marriages, see GN 00305.130.

4. Same-sex marriage or union

For instructions about same-sex marriage policy, see GN 00210.100.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300209005
RS 00209.005 - How Marriage Affects Entitlement to Parent's Benefits - 08/12/2013
Batch run: 08/12/2013
Rev:08/12/2013