POMS Reference

RS 00208: Mother's and Father's Benefits

TN 15 (03-12)

A. Policy for proof of marriage

Claimants must provide proof of marriage in all cases.

B. Procedure for separated widow(er)

Obtain statement from an estranged widow(er) as to whether she or he :

  • Ever obtained a divorce from the number holder (NH);

  • Was served with notice of divorce proceeding; or

  • Received notification that the NH was trying to get a divorce.

In the absence of evidence to the contrary, find that the marriage continued until the NH died. Where an estranged spouse does not know if the NH is alive or dead, follow procedure in RS 00207.006G.

C. Procedure if NH or claimant cohabited with another after separation

If, after the separation, either the NH or claimant lived with another person as husband or wife of the other person, verify that the marriage to the NH did not terminate by:

  • Securing statements from relatives or other persons who have knowledge of the facts as to the parties' marital status and their places of residence following the separation, and

  • Developing any facts or indication that a divorce occurred. If the evidence is not sufficient for a determination, the claimant must submit statements from the appropriate clerks of court that there is no record of divorce. Such statements must cover all places of his or her residences and all known places of the NH residences during the separation.