TN 29 (05-01)

GN 00305.145 Divorce and Remarriage - General

A. Introduction — divorce and remarriage - general

The effect of a judgment of divorce depends on the State in which it is issued. It can:

  • immediately restore the parties to the status of single persons;

  • impose a restriction on remarriage against one or both parties for a stated period, even though the divorce was final; or

  • postpone the dissolution of the marriage for a stated period following the judgment of divorce and the divorce will not become final until the parties take some additional action or the court makes the divorce final.

B. Policy — divorce and remarriage - general

1. Divorce decrees

An interlocutory divorce decree or decree nisi becomes final only after a specified waiting period; in some States, additional action is required to make these divorces final.

2. Reinstatement when divorce vacated or annulled

The vacation or annulment of a divorce decree generally permits reinstatement of entitlement to spouse's benefits previously terminated by that divorce. Subject to the rules of administrative finality, the reinstatement is effective with the month in which the decree or order annulling or vacating the divorce decree is rendered.

3. Remarriage

A remarriage before the judgment or interlocutory decree of divorce has become final is held to be void in all States. This is true no matter where the remarriage is entered into since one of the parties at the time of the remarriage did not have the status of an unmarried person.

4. Place of divorce unknown

If . . .

Then . . .

the place of divorce is unknown

Assume that the remarriage did not violate any restrictions unless the State of the worker's domicile imposes a waiting period.

the State of the worker's domicile imposes a waiting period and there is an indication that the remarriage would violate that restriction

Determine whether the divorce was obtained in that State.

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GN 00305.145 - Divorce and Remarriage - General - 09/24/2013
Batch run: 09/24/2013