TN 34 (08-23)

RS 00202.046 Entitlement of a Divorced Spouse After Termination of Subsequent Marriage - Policy

The divorced spouse can be entitled or re-entitled to benefits if they were divorced from the NH and remarried but the later marriage terminated, provided the other requirements for entitlement are met. If the marriage ends by divorce, the divorce is deemed to exist throughout that month. The first month of entitlement or re-entitlement would be the month of divorce.

However, if the subsequent marriage ended because of death, there is no equivalent deeming provision and the “throughout the month” provision applies. Therefore, the first month of entitlement or re-entitlement would be the month after the month of death unless the claimant attains FRA in or before the month of death (see RS 00202.010A.2.).