20 C.F.R. § 229.46
Spouse or divorced spouse benefit
If a spouse or divorced spouse is included in the computation of the overall minimum, a benefit of 50 percent times the Overall Minimum PIA is computed. In the case of a spouse, the benefit may be adjusted for the family maximum, age, or other benefits. In the case of a divorced spouse, the benefit may be adjusted only for age or other benefits.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · leading case: In re The Marriage of Gust (Iowa Ct. App. 2022).
In re The Marriage of Gust (Iowa Ct. App. 2022). “§ 402 (b); 20 C.F.R. 229.46. Under the court’s reasoning, Linda could draw fifty percent of Steven’s $2819 monthly benefits, which is about $1409.”
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