Effective 9/81, a claimant filing for spouse’s benefits may be entitled no earlier than the first month throughout which they are the spouse of the NH and:

• •

  is age 62; or

• •

  has an entitled child in care if that child is under 16 or disabled. (Benefits are not payable to a divorced spouse under age 62 based on having an entitled child of the NH in care.)

This provision applies to all spouse claimants except those who attain full retirement age (FRA) in or before their first month of entitlement (MOET).

A marriage is deemed to be in existence throughout the month in which it occurred if entitlement is based upon the 1 year duration requirements.

If entitlement depends on the alternative requirements to the 1 year duration, then the claimant must be the NH's spouse throughout the month.

A divorce or annulment is deemed to be in existence throughout the month in which it occurred, except for independently entitled divorced spouse’s (IEDS) benefits.

An individual born on the first or second day of the month can be entitled to benefits for the month of their 62nd birthday. Birth on any other day of the month precludes entitlement for the month in which the birth occurred since the individual would not be age 62 for that entire month.

A child must be in care for every day of the first month. If child in care is a disabled child over 16, the child must be disabled for the entire month.

When a young spouse attains age 62 in the same month that the last child of the NH attains age 16 (or otherwise terminates), benefits do not terminate. If the spouse’s birthday is any day other than the first or second of the month, the month of attainment is not an entitlement month because the spouse must be age 62 throughout the month. In this situation, suspend benefits to the spouse for the month of attainment. Resume payment with the month following the month of attainment provided the requirements in RS 00202.055 have been met.

When a divorced spouse remarries the NH, benefits do not terminate. Because entitlement as a spouse depends on the alternative requirements to the 1-year duration of marriage, the divorced spouse must be the NH's spouse throughout the month. If the marriage occurred on other than the first of the month, the month of marriage is not an entitlement month. In this situation, suspend benefits for the month of marriage and continue benefits the following month.