SSR 66-1: SECTION 202(b). -- TERMINATION OF MARRIAGE -- PURPORTED FOREIGN DIVORCE -- DOMICILE

20 CFR 404.314

SSR 66-1

In May 1964, R, while domiciled in the State of Jalisco, Mexico, became

entitled to disability insurance benefits. His wife, G, a domiciliary of

New York State qualified for wife's insurance benefits effective the same

month. Although there was no change in the domicile of either party, R was

granted a divorce in February 1965 by the court of Chihuahua, Mexico.

Neither party appeared in person at the divorce hearing. R was represented

by a Mexican attorney. Service of summons on G was by publication in a

Mexican newspaper. G received no other notice of the pending divorce

proceeding, and was not represented therein.

Section 202(b) of the Social Security Act, as amended in 1965 and as

pertinent to this case, provides that: "The wife * * * and every divorced

wife * * * of an individual entitled to old-age or disability insurance

benefits * * * shall * * * be entitled to a wife's insurance benefit for

each month, beginning with the first month in which she becomes so

entitled * * * and ending with the month preceding the first month in

which any of the following occurs: * * * (H) in the case of a wife, they

are divorced and either (i) she has not attained age 62, or (ii) she has

attained age 62 but has not been married to such individual for a period

of 20 years immediately before the date the divorce became effective * *

*."

The question is whether the divorce obtained by R terminated G's

entitlement to wife's insurance benefits under section 202(b) of the Act.

This depends upon whether the court properly had jurisdiction to render a

valid decree of divorce.

attained age 62 but has not been married to such individual for a period

of 20 years immediately before the date the divorce became effective * *

*."

The question is whether the divorce obtained by R terminated G's

entitlement to wife's insurance benefits under section 202(b) of the Act.

This depends upon whether the court properly had jurisdiction to render a

valid decree of divorce.

Under the general principles of law as applied by the States of the

United States, the domicile of one party within the jurisdiction granting

the divorce is required for a divorce to be valid, and a divorce granted

in a jurisdiction in which neither party is domiciled need not be

recognized by the courts of a Mexican State where both parties were

domiciled in States of the United States were not valid.

The same conclusion is reached here since neither R nor G was domiciled

in the jurisdiction of the court of the State of Chihuahua at the time of

the divorce proceeding. Under Mexico's federal system, as under ours,

divorce is a matter controlled by the various States. Domicile in a

Mexican State other than the State where the divorce is granted would not

be domicile in the jurisdiction granting the purported divorce.

Accordingly, the divorce in this case would not have the effect of

terminating wife's insurance benefits payable to G under section 202(b) of

the Social Security Act.