When there are both a deemed or putative spouse and a legal spouse on a record, the
legal spouse is paid outside the family maximum (for widow(er)’s benefits see RS 00207.002A.6.). The deemed or putative spouse and all other beneficiaries on the record are
reduced for the maximum. If the only auxiliaries are a legal spouse and a deemed or
putative spouse, in most cases each will receive the original benefit (OB) amount.
If a disability maximum (DMAX) is in effect, the legal spouse will receive the OB
while the deemed or putative spouse will be limited by the DMAX. This change in policy
was effective for all benefits paid for 1/91 or later. On these cases, the legal spouse
will continue to be paid outside the maximum even if the deemed or putative spouse's
entitlement ends. Refer to RS 00202.020A.1. for additional information.