The marriage of the NH and the child's parent or adoptive parent must have taken place at least:

• •

  One year before the child's application is filed in a life claim, or

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  Nine months before the NH's death in a death claim.

EXCEPTION: See conditions, which meet the 9-month requirement for Marital Relationship Duration in GN 00305.100.

The duration requirements also apply where a child

• •

  was conceived before the marriage of the parent to the NH (who is not the child's biological parent), and

• •

  born after that marriage.

The month in which the first anniversary date occurs is the first month the step­child may be paid a benefit on the earnings record of a living NH. For example, if the NH and the stepparent married in May 2010, then May 2011 would be the first month the stepchild may be paid on the E/R of a living NH.

For more information, see Child’s Benefits-First Month of Entitlement (MOET) in Life Cases RS 00203.010B.7. for application of the “throughout the entire month” provision to a stepchild.

In a life case, the one-year duration of relationship requirement may be met based on an application filed before the first anniversary of the NH's marriage to the child's parent or adoptive parent, as long as the anniversary occurs prior to adjudication. Otherwise, advise the applicant to file at the appropriate time or take the application if he or she insists (and deny appropriately).

Death of a spouse does not end the parent-stepchild relationship.

A child cannot be entitled to benefits based upon the earnings record of a former step­parent divorced from the child's parent (unless entitlement can be established within the retroactive life of the application at a point before the divorce).

A divorce ending the stepparent and the stepchild’s parent or adoptive parent’s marriage (including invalid ceremonial marriage) to the stepparent will terminate the child's benefits for a stepchild if the divorce becomes final July 1996 or later. The stepchild's entitlement will terminate the month after the month in which the divorce becomes final, i.e., the month of divorce will be the last month of entitlement. The month of the divorce is the last month for which benefits are payable to the stepchild on the NH's record. This provision was contained in section 104 of P.L. 104-121. See instructions for processing post-entitlement reports of divorce in GN 02602.400.

EXAMPLE: The NH’s stepchild is entitled to child’s benefits on the NH’s record. The NH’s marriage to the stepchild’s parent ends due to divorce on November 08, 2015. The stepchild’s benefits will terminate December 2015, the month after the month the divorce was final. November 2015 is the last month for which the stepchild receives a benefit (payable in December 2015).

If the marriage between the stepchild's parent and the NH ended in a divorce finalized before July 1996, the divorce will not terminate the stepchild's benefits

CAUTION: A stepchild legally adopted by the NH may qualify for benefits as the NH’s adopted child.

If a stepchild's benefits are terminated due to the parent's divorce and the parents later remarry each other, the stepchild cannot become reentitled unless the requirements are met in Child’s Benefits-Reentitlement Requirements in RS 00203.015A.1. If the requirements are met, the stepchild would also have to meet a new duration-of-relationship requirement.

Annulment of the marriage of the NH and the child's parent or adoptive parent may affect the step­child's benefits. For more information, see Child’s Benefits-Termination of Entitlement in RS 00203.035B.4.b.