# SSR 66-1: SSR 66-1: SECTION 202(b). -- TERMINATION OF MARRIAGE -- PURPORTED FOREIGN DIVORCE -- DOMICILE > Federal · Rulings · In force URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_1 ## Section - **Citation:** SSR 66-1 - **Heading:** SSR 66-1: SECTION 202(b). -- TERMINATION OF MARRIAGE -- PURPORTED FOREIGN DIVORCE -- DOMICILE - **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 66-1 ## Text 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. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_1. Check the current official text before relying on it. Not legal advice.