20 C.F.R. § 416.1832

When we consider your marriage ended

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We consider your marriage ended when—

(a) Your spouse dies;

(b) Your divorce or annulment becomes final;

(c) We decide that either of you is not a spouse of the other for purposes of husband's or wife's social security insurance benefits, if we considered you married only because of § 416.1806(a)(2); or

(d) You and your spouse stop living together, if we considered you married only because of § 416.1806(a)(3).

[45 FR 71795, Oct. 30, 1980. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981, as amended at 60 FR 16376, Mar. 30, 1995]

Notes of Decisions

Cited in 2 cases, 1991–1993 · leading case: Guadalupe Munoz v. Louis Sullivan, M.D., Sec'y of the Dep't of Health & Human Servs., 930 F.2d 1400 (9th Cir. 1991).

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Guadalupe Munoz v. Louis Sullivan, M.D., Sec'y of the Dep't of Health & Human Servs., 930 F.2d 1400 (9th Cir. 1991). “The rules governing when the Department considers a marriage to have ended are set forth in 20 C.F.R. § 416.1832 (1990). 4 . The six-month rule was eliminated as of October 1, 1990.”

Smith v. Shalala, 5 F.3d 235 (7th Cir. 1993). “…out as husband and wife will no longer be deemed married if they have been living apart for six full months. 20 C.F.R. § 416.1832 (d).”

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