C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart D—Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability

20 C.F.R. § 404.331

Who is entitled to wife's or husband's benefits as a divorced spouse

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You are entitled to wife's or husband's benefits as the divorced wife or divorced husband of an insured person who is entitled to old-age or disability benefits if you meet the requirements of paragraphs (a) through (e). You are entitled to these benefits even though the insured person is not yet entitled to benefits, if the insured person is at least age 62 and if you meet the requirements of paragraphs (a) through (f). The requirements are that—

(a) You are the insured's divorced wife or divorced husband and—

(1) You were validly married to the insured under State law as described in § 404.345 or you were deemed to be validly married as described in § 404.346; and

(2) You were married to the insured for at least 10 years immediately before your divorce became final;

(b) You apply;

(c) You are not married. (For purposes of meeting this requirement, you will be considered not to be married throughout the month in which the divorce occurred);

(d) You are age 62 or older throughout a month in which all other conditions of entitlement are met; and

(e) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to or larger than the full wife's or husband's benefit.

(f) You have been divorced from the insured person for at least 2 years.

[44 FR 34481, June 15, 1979, as amended at 48 FR 21926, May 16, 1983; 51 FR 11911, Apr. 8, 1986; 58 FR 64891, Dec. 10, 1993]
Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1982–2025 · leading case: Sarah Lynn Nortley v. Dennis Hurst, 908 N.W.2d 919 (Mich. Ct. App. 2017).
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Sarah Lynn Nortley v. Dennis Hurst, 908 N.W.2d 919 (Mich. Ct. App. 2017). · cites it 3× “Among other requirements, the claimant is not entitled to a former spouse's benefit if the claimant is remarried or if the claimant is entitled to a benefit greater than the former spouse's benefit.”
Thompson v. Detroit Auto. Inter-Ins. Exch., 344 N.W.2d 764 (Mich. 1984). · cites it 4× “[8] A divorced spouse only receives disability payments if the spouse was married to the injured worker for at least 10 years immediately before the divorce, is not married, and is deemed to have difficulty working because of being 62 years old.”
Bowen v. Owens, 476 U.S. 340 (1986). · cites it 2× “34480 , 34483-34484 (1979); see 20 CFR §§ 404.331 , 404.336 (1985). In 1983 Congress amended the Act to incorporate these regulatory changes.”
Stubbe v. Stubbe, 376 N.W.2d 807 (S.D. 1985). · cites it 2× “In this regard, we take note that this manner of pension plan division comports in some respects with the Social Security provision which entitles certain divorced spouses to collect one-half of the former spouse's primary insurance benefits.”
Knott v. Barnhart, 269 F. Supp. 2d 1228 (E.D. Cal. 2003). · cites it 3× “(Administrative Transcript (“Tr.”) at 14.) Plaintiff contends that she was a deemed or putative spouse under California law and the Social Security Act and Regulations, and thus is entitled to divorced spouse benefits.”
Brewer v. Brewer, 846 A.2d 1 (Md. Ct. Spec. App. 2004). “20 C.F.R. § 404.331 . This would not reduce Mr.”
In Re Marriage of Hokin v. Hokin, 605 N.W.2d 219 (Wis. Ct. App. 1999). · cites it 2× “See 20 C.F.R. §§ 404.331 and 404.336. If she waits until she is sixty-five to receive these benefits [14] and he dies prior to then, [15] she will receive $2,045 per month.”
McKernan, G. v. McKernan, T., 135 A.3d 1116 (Pa. Super. Ct. 2016). “See 20 C.F.R. § 404.331 ; see generally https://www.”
Dogu v. Dogu, 652 P.2d 1308 (Utah 1982). “IV 1980) and 20 C.F.R. § 404.331 (1981). 3 . Contra: Chappell v.”
Lombardo v. Lombardo, 255 A.D.2d 653 (N.Y. App. Div. 1998). “However, under Federal law, because plaintiff is almost three years younger than defendant and will not be 62 years of age in October 2002 (when defendant turns 62), defendant will not be able to draw benefits based on plaintiff’s earnings until plaintiff attains the age of 62…”
Comeaux v. Comeaux, 7 So. 3d 110 (La. Ct. App. 2009). “20 C.F.R. § 404.331 (a)(2). However, La. R.”
Low v. Berryhill, 334 F. Supp. 3d 1165 (W.D. Wash. 2018). “See 20 C.F.R. §§ 404.331 & 404.333. Individuals who file for retirement benefits prior to reaching full retirement age are deemed to apply for all possible benefits.”
Show all 21 citing cases →
— 20 C.F.R. § 404.331(a)(2) — 1 case
Sarah Lynn Nortley v. Dennis Hurst, 908 N.W.2d 919 (Mich. Ct. App. 2017). “Among other requirements, the claimant is not entitled to a former spouse's benefit if the claimant is remarried or if the claimant is entitled to a benefit greater than the former spouse's benefit.”
— 20 C.F.R. § 404.331(b) — 1 case
Sarah Lynn Nortley v. Dennis Hurst, 908 N.W.2d 919 (Mich. Ct. App. 2017). “Among other requirements, the claimant is not entitled to a former spouse's benefit if the claimant is remarried or if the claimant is entitled to a benefit greater than the former spouse's benefit.”
— 20 C.F.R. § 404.331(c) — 2 cases
Sarah Lynn Nortley v. Dennis Hurst, 908 N.W.2d 919 (Mich. Ct. App. 2017). “Among other requirements, the claimant is not entitled to a former spouse's benefit if the claimant is remarried or if the claimant is entitled to a benefit greater than the former spouse's benefit.”
Sarah Lynn Nortley v. Dennis Hurst (Mich. Ct. App. 2017).
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