J became entitled to social security retirement benefits in October 1958. His wife, A, became entitled to wife’s social security benefits in February 1959.
J filed for divorce from A and the divorce became final in California in June 1965. Accordingly, A’s wife’s social security benefits were terminated in May 1965, the month before the month in which the marriage was dissolved.
A appealed the termination, arguing that the divorce was invalid because J’s name was different on the divorce decree than on his birth certificate and A was named improperly.
However, under California law, if the defendant was properly served and could be reasonably identified, the divorce decree was valid even if there was a misnomer in the title of the case.
Because the divorce decree was valid, A’s wife’s social security benefits were properly terminated.
However, luckily for A, the September 1965 amendments to the social security act allowed her to become re-entitled to wife’s social security benefits. This is because at the time of the divorce she was over age 62 and had been married to the insured for at least 30 years immediately prior thereto.
See Social Security Ruling (SSR) 68-2.