TN 10 (08-19)

SI 00604.019 Prior Marriage(s)

A. Background

Effective August 16, 2019, as is currently done in Title II claims, technicians taking Supplemental Security Income claims will document only prior marriages that could result in entitlement to Title II benefits. Refer to GN 00205.070 for the Title II marriage documentation policy.

B. Policy for documenting prior marriages

Filing for other benefits is an eligibility requirement for SSI. We collect information about prior marriages to identify potential eligibility to Title II benefits for a:

  • Divorced Spouse;

  • Independently Entitled Divorced Spouse;

  • Surviving Spouse;

  • Surviving Divorced Spouse; or

  • Surviving Divorced Mother/Father.

C. Procedure for documenting prior marriages

When completing a full SSI application (i.e., not deferred or abbreviated), document marital relationships that began:

  • Prior to the Effective Filing Date and ended in death (regardless of duration) or ended in divorce, if married 10 years or longer; or

  • On or after the Effective Filing Date, to ensure we capture all deeming situations.

1. Information about prior marriages

Document the SSI application with the former spouse's:

  • Name (including maiden name);

  • Birthdate (in MM/DD/YYYY format);

  • Social Security number (if available);

  • Date of marriage (in MM/DD/YYYY format);

  • Date Marriage Ended; and

  • How marriage ended (for example, death, divorce, annulment, etc.).

2. Claimant potentially entitled to Title II benefits

If the claimant was previously married and is potentially eligible for Title II benefits on the earnings record of a former spouse, obtain a separate Title II application per SI 00601.035.

3. Former spouse potentially entitled to Divorced Spouse benefits

If the former spouse is potentially eligible to divorced spouse benefits on the claimant's earnings record, treat the naming of the former spouse as a lead. For processing leads, see GN 00202.020. For divorced spouse benefit requirements, see RS 00202.005.

4. Former spouse potentially eligible for Title XVI benefits

If the former spouse is potentially eligible for Title XVI benefits and meets the requirements in SI 00601.020 Protective Writings, closeout the protective filing per SI 00601.037D.

If there is no intent to file for the former spouse, treat as a lead following the closeout instructions in GN 00202.020.

D. References

  • RSDI Applications - Marital Relationship Questions, GN 00205.070

  • SSI Marriages, MS 08108.022

  • Divorced Spouse, RS 00202.005

  • Independently Entitled Divorced Spouse, RS 00202.100

  • Widow(er)'s Benefits Definitions and Requirements, RS 00207.001

  • Surviving Divorced Mother/Father, RS 00208.010

  • Determining Whether a Marital Relationship Exists, SI 00501.150

  • Overview of the Filing for Other Program Benefits Requirement, SI 00510.001

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SI 00604.019 - Prior Marriage(s) - 08/16/2019
Batch run: 08/22/2019