SSR 69-4: Rescinded 1978

20 CFR 404.1105

SSR 69-4

Where, under the court order for alimony, the worker's wife was awarded a

fixed sum, payable in installments, and the period over which the payments

should have been paid expired before the death of the worker, held ,

at the time of the worker's death there was no court order for support in

effect within the meaning of section 202(e)(1)(D)(i) of the Social

Security Act, despite the fact that at the time of the worker's death, he

had failed to complete the payments and the unpaid amount was

collectible.

R and W were married in 1919 and were divorced in 1945 in the State of

Kansas. In the divorce action, the court entered a judgment against R for

$2,400 permanent alimony, payable $12.50 each week beginning September 22,

1945, and continuing until the full sum was paid. By dividing into the

total payment the amount of each installment, it is readily determined

that the support period ended in May 1949. R died in February 1955, at

which time $500 of his payments to W had not been paid. In April 1966 W

filed application for widow's insurance benefits as the surviving divorced

wife of R.

Section 216(d)(2) of the Act, as amended, 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.

Section 202(e)(1) of the Social Security Act, as amended, provides among

other requirements, that widow's insurance benefits may be payable to a

surviving divorced wife if:

(D) * * * there was in effect a court order for substantial contributions

to her support from [the worker]...

ried to the

individual for a period of 20 years immediately before the date the

divorce became effective.

Section 202(e)(1) of the Social Security Act, as amended, provides among

other requirements, that widow's insurance benefits may be payable to a

surviving divorced wife if:

(D) * * * there was in effect a court order for substantial contributions

to her support from [the worker]...

(i) at the time of his death . . . or

(ii) at the time he became entitled to old-age insurance benefits or

disability insurance benefits . . .

Since the marriage had existed for more than 20 years before the divorce,

W satisfies the definition in section 216(d)(2), supra. The question

presented in this case is whether W, having met all other requirements for

widow's insurance benefits, can satisfy the support requirement of section

202(e)(1)(D) of the Act.

For a court order to come within the meaning of section 202(e)(1)(D) of

the Act, the order must (1) be in effect at the time of the worker's death

or entitlement and (2) require the worker to make substantial

contributions to his divorced wife's support for that time. Where a court

has ordered a specified amount of alimony to be paid in installments and

the duration of the period for which the installments are payable is not

stated in the order, the period can be determined by dividing the amount

of the installments into the specified gross amount. If such time has

expired at either the death or entitlement of the individual, whichever is

applicable, a "court order for support" within the meaning of section

202(e)(1)(D) of the Act does not exist even though, at the applicable

time, not all payments had been made and the unpaid balance was

collectible.

Accordingly, it is held that at the time of R's death there was

not in effect a court order requiring him to contribute to W's support;

therefore, W is not entitled to widow's insurance benefits.