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
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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