QUESTION PRESENTED
Whether the ten-year duration of marriage requirement for entitlement to Divorced
Spouse's Benefits was met in the case of a husband and wife who married on May 7,
1971, subsequently filed for divorce, and had a final judgment of divorce ordered
on and adjudged by the Camden County Superior Court of New Jersey on May 4, 1981,
but not filed by the court until May 8, 1981.
OPINION
The ten-year duration of marriage requirement for entitlement to Divorced Spouse's
Benefits was met in the case of George A. B~, Jr. and Marie P~ a/k/a Marie B~, who
married on May 7, 1971, subsequently filed for divorce, and had a final judgment of
divorce ordered on and adjudged by the Camden County Superior Court of New Jersey
on May 4, 1981, but not filed by the court until May 8, 1981, since the divorce decree
was not considered final until it was filed on May 8, 1981. Mr. B~ and Ms. P~ were
married for ten years and one day, and, Ms. P~, therefore, satisfied the ten-year
duration of marriage requirement for entitlement to Divorced Spouse's Benefits.
BACKGROUND
George A. B~, Jr. and Marie P~ were married on May 7, 1971, in Brooklawn, New Jersey.
Ms. P~ filed for divorce on April 28, 1981 in the Superior Court of New Jersey, Camden
County. The court heard and considered the complaint for divorce, and issued a Final
Judgment of Divorce on May 4, 1981, stating, "It is on this 4 day of May, 1981 ORDERED
and ADJUDGED that, pursuant to the statute in such case made and provided that the
marriage between the parties is dissolved." The judgment was stamped "ORIGINAL FILED
5-8-81 W. Lewis B. C~." Marie P~ filed for Divorced Spouse's Benefits with the Social
Security Administration on June 15, 2009.
ANALYSIS
If a beneficiary is divorced, his or her ex-spouse can receive Divorced Spouse's Benefits
if their marriage lasted at least ten years. 20 C.F.R. § 404.331(a)(2); POMS RS 00202.005(A). This requirement is met if the divorce became final on or after the tenth anniversary
of the marriage. POMS RS 00202.005(A). Mr. B~ and Ms. P~ were married on May 7, 1971. Thus, in order for Ms. P~ to be
entitled to Divorced Spouse's Benefits, she would have to have been married to Mr.
B~ until at least May 7, 1981. Ms. P~ filed for divorce on April 28, 1981. Although
the Camden County Superior Court of New Jersey issued a Final Judgment of Divorce
on May 4, 1981, stating, "It is on this 4 day of May, 1981 ORDERED and ADJUDGED that,
pursuant to the statute in such case made and provided that the marriage between the
parties is dissolved," the judgment was not filed by the Clerk of Court until May
8, 1981.
Married on May 7, 1971, Mr. B~ and Ms. P~ were married for ten years and one day since
their divorce judgment was not entered until May 8, 1981. A judgment is considered
"entered" upon its inclusion in the public records. GN00305.160(C). The usual procedure
in a divorce action is for the court to announce its judgment, then for the counsel
to draft a decree and file it with the clerk who has the authority to "enter" the
judgment. Id. The decree is ordinarily dated as of the time of the actual filing with the clerk.
Id. A final decree of divorce is effective and restores the parties to the status of
single persons at the time it is entered unless the law of the State provides for
it to be effective upon the rendering of the judgment, with the entry merely a routine
clerical procedure following judgment. Id. The law of New Jersey is consistent with the practice of considering judgments "entered"
upon the formal recording of the conclusion reached by the court. Rule 4:47 of the
Rules Governing Civil Practice of the State of New Jersey instructs that the clerk
of court enters the judgment in the Civil Docket, and further states: "The notation
of a judgment in the Civil Docket constitutes the entry of judgment, and the judgment
shall not take effect before such entry unless the court in the judgment shall, for
reasons specified therein, direct that it take effect from the time it is signed .
. . ." See also, 2 N.J. Prac. Series R 4:47 (2009).
Accordingly, in New Jersey, unless otherwise specified in the court's decision, a
final divorce decree is effective and dissolves the marriage at the time it is entered. See GN00305.165 (emphasis added). A review of New Jersey case law reveals the procedural
distinction between when a judgment is rendered and when it is entered. In Jovic v. Jovic, a New Jersey divorce matter, the court described the procedural history of the case
by stating: "A decision was rendered on December 18, 2007 . . . and a judgment of
divorce was entered on December 19, 2007." Jovic v. Jovic, 2009 WL 1118764 (N.J.Super.A.D.) (April 28, 2009). Similarly, in Seikunas v. Seikunas, another New Jersey divorce case, the court noted that "Although the parties have
characterized the judgment entered on December 24, 2003 as a 'supplemental dual final
judgment of divorce,' no judgment had actually been entered prior to that date, although
Judge H~ granted the divorce on the record on August 21, 2003." Seikunas v. Seikunas, 2005 WL 3739667 (N.J.Supp.A.D.) (Feb. 7, 2006). And finally, in Beck v. Beck, a case involving support obligations following a divorce, the court noted that until
a court order is entered pursuant to the requirements in R. 4:47, the time for appeal
or motion for reconsideration of the judge's decision does not begin to run. Beck v. Beck, 570 A.2d 1273, 1276 (N.J. Super. A.D. 1990).
Thus, since Mr. B~'s and Ms. P~'s final divorce judgment was not filed by the clerk
until May 8, 1981, it was not considered entered until that date, and did not take
effect until that date. Accordingly, Mr. B~ and Ms. P~ were married for ten years
and one day, satisfying the marriage duration requirement for Ms. P~'s entitlement
to Divorced Spouse's Benefits. 20 C.F.R. § 404.331(a)(2); POMS RS 00202.005(A).
CONCLUSION
Since Mr. B~ and Ms. P~'s divorce was entered and effective on May 8, 1981, they were
married for ten years and one day and, accordingly, Ms. P~ met the ten-year marriage
duration requirement for entitlement to Divorced Spouse's Benefits.
Stephen P. C~
Regional Chief Counsel
By: ___________________
Karla J. G~
Assistant Regional Counsel