You have asked whether the termination of Social Security Spouse's benefits in Nebraska
is thirty days or six months from the date a decree of divorce is rendered. For the
reasons discussed below, we believe the termination of benefits is thirty days from
the date the divorce decree is rendered.
FACTUAL BACKGROUND
The material you sent us indicates that field offices in Nebraska are not processing
termination actions at the same time. You sent us a copy of a divorce decree from
Scotts Bluff County, Nebraska, that states: "The dissolution is final and operative
on the day it was rendered for purposes of appeal, and in the event of the death of
either party. It is final and operative six months from the day it was rendered for
purposes of remarriage or purposes of continuation of health insurance coverage. It
is final and operative 30 days from the day it was rendered for all other purposes."
Some field offices in Nebraska have interpreted the language "for all other purposes"
to include Social Security Spouse's benefits and terminate benefits after thirty days,
while others have interpreted the language to mean that the marriage is not final
for six months from the date rendered, and terminate benefits at that time.
ANALYSIS
Section 42-372.01 of the Nebraska Revised Statues provides that a decree dissolving
a marriage becomes final and operative thirty days after the decree is rendered or
on the date of death of one of the parties to the dissolution; however, the statute
sets forth the following two exceptions: For purposes of remarriage, other than remarriage
between the parties, and for purposes of continuation of health insurance coverage,
a decree dissolving a marriage becomes final and operative six months after the decree
is rendered or on the date of death of one of the parties to the dissolution, whichever
occurs first. See Neb. Rev. St. § 42-372.01(1-3) (1999).
Social Security spouse's benefits do not fall within either exception set forth in
the controlling Nebraska statute. Furthermore, nothing in the statute itself or the
legislative history indicate that Nebraska's legislature intended Social Security
Benefits to be included in the "continuation of health insurance" provision. Therefore,
Social Security benefits fall within the "all other purposes" provision of the divorce
decree you included with your legal opinion request. This provision complies with
Neb. Rev. St. § 42-372 (1999).
We want to note that prior to 1995, Neb. Rev. St. § 42-372 stated that a divorce decree
did not become final until six months after the decree was rendered; however, Legislative
Bill 544, revised this statute as set forth above. See Laws 1995, LB 544, § 2; Neb. Rev. St. § 42-372 (1999). The opinions maintained in
the MAMPSC Library which state that a divorce does not become final until six months
after the date the divorce decree is entered are prior to the change in the law. These
opinions would not be applicable to decrees rendered thereafter.
Based on the foregoing, we believe it is reasonable to conclude that Social Security
Spouse's benefits in Nebraska are properly terminated thirty days from the day a divorce
decree is rendered.