# SSR 69-4: SSR 69-4: Rescinded 1978

> Federal · Rulings · Rescinded

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_4

## Section

- **Citation:** SSR 69-4
- **Heading:** SSR 69-4: Rescinded 1978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- **Status:** Rescinded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 69-4

## Text

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.

## Nearby sections

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- [SSR 66-17c SSR 66-17c: SECTIONS 202(e)(1) and 202(j)(1). -- APPLICATION -- ORAL INQUIRY ABOUT BENEFITS -- NONESTOPPEL OF ADMINISTRATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_17c.md)
- [SSR 67-8 SSR 67-8: SECTION 202(e) and 216(c). -- WIDOW'S INSURANCE BENEFITS -- DEFINITION OF WIDOW -- ENTITLEMENT TO WIDOW'S INSURANCE ANNUITY UNDER RAILROAD RETIREMENT ACT IN MONTH BEFORE REMARRIAGE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_8.md)
- [SSR 68-15 SSR 68-15: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_15.md)
- [SSR 68-16 SSR 68-16: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_16.md)
- [SSR 68-71 SSR 68-71: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_71.md)
- [SSR 69-4 SSR 69-4: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_4.md)
- [SSR 70-19c SSR 70-19c: SECTION 202(e) (1). -- REMARRIAGE BEFORE AGE 60 -- ESTOPPEL -- RELIANCE BY WIDOW ON INFORMATION FROM AN OFFICIAL SOURCE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_70_19c.md)
- [SSR 71-21c SSR 71-21c: SECTIONS 202(e) and 216(c)(5). -- WIDOW'S INSURANCE BENEFITS -- "DURATION OF MARRIAGE" REQUIREMENT -- CONSTITUTIONALITY OF STATE'S NONRECOGNITION OF COMMON-LAW MARRIAGES](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_71_21c.md)
- [SSR 71-52 SSR 71-52: Sections 202(e)(1) (42 U.S.C. 402(e)(1) — Filing For All Benefits — Widow's Insurance Benefits](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_71_52.md)
- [SSR 72-3 SSR 72-3: SECTIONS 202(e)(1) and 216(h)(1)(A) (42 U.S.C.A. 402(E)(1) and 416(h)(1)(A)). -- RELATIONSHIP -- VALIDITY OF DIVORCE OBTAINED OUTSIDE OF STATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_3.md)
- [SSR 72-4c SSR 72-4c: SECTIONS 202(e) and 223 (42 U.S.C. 402(e) and 42 U.S.C. 423). -- DISABLED WIDOW'S INSURANCE BENEFITS -- SEVERITY OF IMPAIRMENT -- ABILITY TO ENGAGE IN ANY GAINFUL ACTIVITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_4c.md)
- [SSR 72-52 SSR 72-52: SECTIONS 202(e) and 216(c)(5) (42 U.S.C. 402(e) and 416(c)(5). -- WIDOW'S INSURANCE BENEFITS -- "DURATION OF MARRIAGE" REQUIREMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_52.md)
- [SSR 72-55 SSR 72-55c: SECTIONS 202(e)(1) and 205(c)(5)(A) and (B) (42 U.S.C. 402(e)(1) and 405(c)(5)(A) and (B)). -- REVISION OF EARNINGS RECORD AFTER "FINAL DECISION" -- TIME LIMITATION -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_72_55.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_69_4. Check the current official text before relying on it. Not legal advice.
