R and W were married to each other; however, R resided in the state of Jalisco, Texas and W resided in New York State.
In May 1864 R became entitled to social security disability insurance benefits. At the same time, W became entitled to wife’s social security benefits based on R’s work record.
In February 1965 R obtained a divorce from W in the state of Chihuahua, Mexico. W was not personally served with a Summons and Petition. Rather, R published notice of the divorce in a Mexican newspaper.
Neither party appeared at the divorce hearing.
Mexico has a federal system similar to the United States, in which there is a federal government and various state and local governments. Family law, including divorce, is governed by the state in which one of the parties is domiciled.
Because neither party was domiciled in the Mexican state of Chihuahua in which the divorce was granted the divorce decree was invalid and W retained her entitlement to wife’s social security benefits.
See Social Security Ruling (SSR) 66-1.
Under certain circumstances, a disabled worker’s spouse and children may receive auxiliary benefits based on his or her earnings records. Application for such benefits may be made at the initial application stage or after benefits are awarded. It would seem best practice to make the application as early as possible.
This material should not be construed as legal advice for any particular fact situation but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.