# SSR 68-15: SSR 68-15: Rescinded 1978

> Federal · Rulings · Rescinded

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_15

## Section

- **Citation:** SSR 68-15
- **Heading:** SSR 68-15: Rescinded 1978
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** Rescinded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Widow(er)'s Insurance benefits / SSR 68-15

## Text

SSR 68-15

Where a worker and his wife were divorced in Ohio, the final decree of
divorce provided for payment of alimony of $100 per month to the divorced
wife "until further order of the court," and the order was subsequently
suspended and held in abeyance and there was no further court order prior
to the worker's death, held , there was not in effect at the time
the worker died a court order for substantial contributions to the
divorced wife's support within the meaning of section 202(e)(1)(D) of the
Act; therefore, the surviving divorced wife is not entitled to widow's
insurance benefits.

A and B were divorced in Ohio in 1956. Under the terms of the divorce
decree, A, the worker, was ordered to pay B alimony of $100 per month
"until the further order of this court." In May 1958, the same court
suspended and held in abeyance "all orders of the court heretofore made
and entered herein relative to the payment of alimony by the defendant to
the plaintiff * * * until further order of the court, effective as of July
10, 1957." A died in September 1958, without further action by the court.
In October 1966, B filed an application for widow's insurance benefits as
the surviving divorced wife of A.

Section 202(e)(1) of the Act provides in pertinent part that a surviving
divorced wife (as defined in section 216(d)(2) of the Act) of a worker who
died fully insured can become entitled to widow's benefits, if she meets,
among other requirements, a dependency test as follows:
rt.
In October 1966, B filed an application for widow's insurance benefits as
the surviving divorced wife of A.

Section 202(e)(1) of the Act provides in pertinent part that a surviving
divorced wife (as defined in section 216(d)(2) of the Act) of a worker who
died fully insured can become entitled to widow's benefits, if she meets,
among other requirements, a dependency test as follows:

(D) in the case of a surviving divorced wife who was not entitled to
wife's insurance benefits on the basis of the wages and self-employment
income of such individual for the month preceding the month in which he
died, was receiving at least one-half of her support, as determined in
accordance with regulations prescribed by the Secretary, from such
individual, or was receiving substantial contributions from such
individual (pursuant to a written agreement) or there was in effect a
court order for substantial contributions to her support from such
individual—

(i) at the time of his death * * *. (Emphasis supplied).

Section 216(d)(2) of the Act provides that:

The term "surviving divorced wife" means a woman divorced from an
individual who has died, but only if she had been married to the
individual for a period of 20 years immediately before the date the
divorce became effective.

B can qualify for widow's insurance benefits as the worker's surviving
divorced wife if she satisfies the support requirement in section
202(e)(1)(D). A was not contributing to B's support at the time of his
death and the alimony decree ($110 per month) had been suspended by the
court. The issue, therefore, is whether there was in effect a court order
for substantial contributions for B's support from A at the time of A's
death.
as the worker's surviving
divorced wife if she satisfies the support requirement in section
202(e)(1)(D). A was not contributing to B's support at the time of his
death and the alimony decree ($110 per month) had been suspended by the
court. The issue, therefore, is whether there was in effect a court order
for substantial contributions for B's support from A at the time of A's
death.

Under the laws of Ohio, the Court of Common Pleas retains jurisdiction to
modify or vacate a former decree of alimony upon a proper showing of a
change in conditions or circumstances of the parties where, as in this
case, the alimony previously decreed was not of a definite amount payable
in installments or payable only for a limited number of installments, or
was not based upon an agreement of the parties as to the division of
property which was affirmed by the court and incorporated into the decree. Clelland v. Clelland, 166 N.E. 2d 428 (1959); Braund v.
Braund, 183 N.E. 2d 641 (1962).

A procedure which may be utilized prior to vacating or modifying an order
is set forth in section 2325.08. Ohio Revised Code, as follows:

Enforcement of judgment may be suspended. The party seeking to
vacate or modify a judgment or order may have an injunction suspending
proceedings on the whole or a part thereof, to be granted by the court or
a judge thereof, when it is rendered probable, by affidavit, or by
exhibition of the record, that such party is entitled to a vacation or
modification of such judgement or order.

Under section 202(e)(1)(D) of the Social Security Act, a requirement is
that "there was in effect a court order for substantial
contributions to her support from such individual—(i) at the time of
his death. . . ." In this case, the court suspended the order for the
payment of alimony. Since no further action was taken by the court on this
case, at the time of A's death the order for alimony payments was not in
effect.
Social Security Act, a requirement is
that "there was in effect a court order for substantial
contributions to her support from such individual—(i) at the time of
his death. . . ." In this case, the court suspended the order for the
payment of alimony. Since no further action was taken by the court on this
case, at the time of A's death the order for alimony payments was not in
effect.

Accordingly, it is held that while B is the "surviving divorced
wife" as defined in section 216(d)(2) of the Act, she is not entitled to
widow's insurance benefits since at the time of A's death (1) he was not
providing one-half her support, (2) she was not receiving substantial
contributions from him for her support, and (3) there was no court order
in effect for substantial contributions from A for her support, as
required by section 202(e)(1)(D) of the Act.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_15. Check the current official text before relying on it. Not legal advice.