# SSR 62-57: SSR 62-57. RELATIONSHIP REQUIREMENTS FOR WIFE'S INSURANCE BENEFITS

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_57

## Section

- **Citation:** SSR 62-57
- **Heading:** SSR 62-57. RELATIONSHIP REQUIREMENTS FOR WIFE'S INSURANCE BENEFITS
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Wife's Insurance Benefits / SSR 62-57

## Text

A woman, W, married H-1 in 1926. After a few months they separated and
H-1 moved to California where he has resided ever since. Neither party
instituted proceedings to dissolve their marriage. Since 1929, W has been
living in New Jersey with another man, H-2, although without a marriage
ceremony. W and H-2 have 3 children, all of whom are over 18. Both H-1 and
H-2 were receiving old-age insurance benefits in December 1961 when W
attained age 62 and filed application for wife's insurance benefits. She
stated that she would prefer to receive benefits only on the earnings
record of H-2. However, if ineligible for such benefits and eligible for
benefits on H-1's earnings record, she wished to receive the latter
benefits.

To quality for wife's insurance benefits on a worker's earnings record, a
woman must (under section 202(b) of the Act) be the wife of that worker,
besides meeting certain other requirements. W met all the other
requirements for entitlement on the earnings records of both H-1 and H-2.
Whether she can become entitled to benefits on the earnings record of
either worker depends upon whether she is the wife of that worker.

Under section 216(h)(1), for purposes of benefits under the Act, a woman
is the wife of a worker if the courts of the State in which he is
domiciled at the time she files her application would find that either (1)
the worker and she were validly married at that time, or (2) she would
have the same status as a wife for a share in the distribution of his
personal property if he had died intestate. A woman who does not meet
either of these requirements may nevertheless be deemed to be validly
married to the worker if in good faith she went through a marriage
ceremony with him and meets certain other conditions.
and she were validly married at that time, or (2) she would
have the same status as a wife for a share in the distribution of his
personal property if he had died intestate. A woman who does not meet
either of these requirements may nevertheless be deemed to be validly
married to the worker if in good faith she went through a marriage
ceremony with him and meets certain other conditions.

In the present case, W's marriage to H-1 had never been dissolved; thus,
the courts of California would find that she was validly married to him at
the time she filed her application. Under applicable New Jersey law, she
would not be considered to be validly married to H-2, nor would she have
the status of his wife for purposes of sharing in his intestate personal
property. Moreover, she did not go through a marriage ceremony with
him.

Accordingly, it was held that W did not qualify as H-2's wife but
did qualify as H-1's wife, for purposes of entitlement to wife's insurance
benefits; and was therefore entitled to wife's insurance benefits on H-1's
earnings record, but was not entitled to such benefits on H-2's earnings
record.

## Nearby sections

- [SSR 62-21 SSR 62-21. WIFE'S INSURANCE BENEFIT -- BENEFIT AMOUNT WHERE HUSBAND'S OLD-AGE INSURANCE BENEFIT IS REDUCED](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_21.md)
- [SSR 62-57 SSR 62-57. RELATIONSHIP REQUIREMENTS FOR WIFE'S INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_57.md)
- [SSR 63-1 SSR 63-1: SECTION 202(b). -- WIFE'S INSURANCE BENEFITS -- IN HER CARE -- CHILD OVER 18 YEARS OF AGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_1.md)
- [SSR 64-16 SSR 64-16: SECTION 202(b). -- WIFE'S INSURANCE BENEFITS -- BENEFIT AMOUNT WHERE WIFE UNDER 65 IS ENTITLED TO DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_16.md)
- [SSR 66-1 SSR 66-1: SECTION 202(b). -- TERMINATION OF MARRIAGE -- PURPORTED FOREIGN DIVORCE -- DOMICILE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_1.md)
- [SSR 67-10c SSR 67-10c: SECTIONS 202(b) and 216(h)(1)(A). -- RELATIONSHIP -- VALIDITY OF DIVORCE -- DOMICILE OF THE WORKER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_10c.md)
- [SSR 67-58 SSR 67-58: SECTIONS 202(b)(1), 216(b)(2), and 216(h)(1)(B). -- WIFE'S INSURANCE BENEFITS -- ENTITLEMENT OF DEEMED SPOUSE UPON DIVORCE OF LEGAL SPOUSE -- ONE-YEAR DURATION-OF-MARRIAGE REQUIREMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_58.md)
- [SSR 68-1 SSR 68-1: SECTIONS 202(b)(1) 202(q). -- WIFE'S INSURANCE BENEFITS -- REENTITLEMENT OF DIVORCED WIFE -- AMOUNT OF BENEFIT REDUCTION BEFORE AND AFTER AGE 65](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_1.md)
- [SSR 68-2 SSR 68-2: SECTION 202(b)(1)(H). -- RELATIONSHIP -- VALIDITY OF DIVORCE -- MISNOMER OF PARTIES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_2.md)
- [SSR 68-28 SSR 68-28: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_28.md)
- [SSR 68-41 SSR 68-41: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_41.md)
- [SSR 69-1 SSR 69-1: SECTIONS 202(b)(1), 216(d)(1), and 216(d)(4). -- WIFE'S INSURANCE BENEFITS -- DIVORCED WIFE -- "DIVORCE A VINCULO MATRIMONII"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_1.md)
- [SSR 69-2 SSR 69-2: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_2.md)
- [SSR 69-13 SSR 69-13: SECTIONS 202(a), 202(b), 202(k), and 202(q). -- WIFE'S INSURANCE BENEFIT -- SIMULTANEOUS ENTITLEMENT OF WIFE TO OLD-AGE INSURANCE BENEFITS -- BENEFIT AMOUNT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_57. Check the current official text before relying on it. Not legal advice.
