When it comes to verifying the end of a marriage, whether for legal, financial, or other reasons, specific types of evidence are required.
According to Section 404.728 of the U.S. Code of Federal Regulations, there are certain situations and types of evidence that are considered valid proof that a marriage has ended.
When is Evidence Required?
If you apply for benefits as a divorced wife or husband, you will be required to provide evidence of your divorce. The same applies if you are a widow or a divorced wife who had remarried, but that husband has passed away. In this case, evidence of his death will be necessary.
Additionally, if there is a need to validate a subsequent marriage, you may be asked to provide evidence that a previous marriage, either yours or the insured person’s, had ended before the start of the later marriage. If you apply for benefits as an unmarried person and had a marriage that was annulled, evidence of the annulment will be requested.
Preferred Evidence
The preferred evidence to prove a marriage has ended includes:
- A certified copy of the decree of divorce or annulment. This is typically obtained from the court that granted the divorce or annulment.
- Evidence that the person you were married to has passed away. For more information about what kind of evidence is acceptable in this case, refer to Section 404.720 of the U.S. Code of Federal Regulations.
Other Evidence
In instances where the preferred evidence is not obtainable, you will be asked to explain why and to provide other convincing evidence that the marriage has ended. This is a broader category and might involve a variety of different types of documentation or proof, depending on the specific circumstances.
Applying for Survivor Benefits: A Case Study
Let’s consider the example of Jane, a woman who has been married twice.
First Marriage and Divorce
Jane was first married to John. Unfortunately, their marriage didn’t work out, and they decided to get a divorce. When they did, they received a decree of divorce, which is a certified document from the court stating that their marriage has officially ended. Jane kept a copy of this document.
Second Marriage and Widowhood
Later, Jane married Robert. They were happy together until Robert sadly passed away. Upon Robert’s death, Jane received a death certificate, which is the official document that records the fact of a person’s death.
Applying for Survivor Benefits
After Robert’s death, Jane decided to apply for survivor benefits. As part of this process, she was asked to provide evidence that her marriages to John and Robert had ended.
Providing the Necessary Evidence
To prove the end of her marriage to John, Jane provided the certified copy of the decree of divorce. This served as the preferred evidence that her first marriage had ended.
To prove the end of her marriage to Robert, Jane provided the death certificate she received upon Robert’s death. This served as the preferred evidence that her second marriage had ended, due to the death of her spouse.
This example illustrates how Jane, like any other person in her situation, would need to provide specific types of evidence to prove the end of a marriage, whether through divorce or the death of a spouse.
In conclusion, understanding the evidence required to prove the end of a marriage is crucial for a variety of legal and financial proceedings. It is always recommended to seek legal counsel if you’re unsure about what evidence you need to provide in your specific situation.
https://www.ssa.gov/OP_Home/cfr20/404/404-0728.htm
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