R and D divorced in 1940. D did not make an appearance in the divorce action.

R died in 1960. After R’s death, D instituted an action to set aside the divorce in a different court than issued the Decree. She alleged that the 1940 divorce should be invalidated on the grounds that R was insane. D obtained an order invalidating the divorce.

She then applied for widow’s social security benefits, as any sane person would.

State law provided that the insanity of one of the parties to a divorce was grounds to set aside a Decree of Divorce. However, a decree could only be set aside by the same court that granted it.

In the instant case, the court that invalidated the divorce did not have jurisdiction to do so. Because the divorce remained valid, D was not entitled to widow’s social security benefits.

See Social Security Ruling (SSR) 65-56.

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.