Court OKs Cutoff of Some Social Security Benefits
The Supreme Court today upheld, 6 to 3, a former government policy of cutting off some Social Security benefits to divorced spouses over 60 who remarry.
In 1977, Congress amended the Social Security Act to provide survivors’ benefits to widows and widowers over 60 who remarry. But Congress refused to extend the benefits to divorced spouses over 60 who remarry.
Congress changed the policy again and since Jan. 1, 1984, divorced spouses also are entitled to the benefits.
The former policy was challenged by Buenta Owens of Los Angeles, who was divorced in 1968 from Russell Judd and at age 61 married Kenneth R. Owens in 1978. Judd died in 1982, and Buenta Owens was denied survivors’ benefits.
Kenneth Owens, who was divorced in 1978 from his wife, Dorothy, also was denied survivors’ benefits after Dorothy died and he later joined in his new wife’s suit.
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