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What is the effect of violating State-imposed restrictions on remarriage?

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

309. What is the effect of violating State-imposed restrictions on remarriage?

The status of your remarriage following a divorce is affected under the following conditions:

  1. If you remarry before a judgment or an interlocutory divorce decree that dissolves your prior marriage becomes final, your remarriage is generally void in all States;

  2. If a State imposes a restriction against remarriage after a final divorce and you remarry in that State in violation of its restriction, generally that State considers your remarriage void; or

  3. If you remarry in another State, your remarriage is generally considered valid in all States unless:

    1. The State where you either obtained the divorce or got remarried denies recognition of a marriage by a party who goes to another State in order to avoid the restrictions; or

    2. The State where you got remarried prohibits marriages of residents of other States that would be void if the marriage took place in the your home State.

Last Revised: Feb. 6, 2003


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