23 Miss. Code. R. 102-6.6 - Termination of a Marital Relationship - ABD Programs

A. For ABD programs, the marital relationship no longer exists as of the date that:

1. Either individual dies;

2. A final decree of divorce or annulment is issued for the marriage; (If a divorced couple resumes living together, the specialist must develop whether they have a holding-out relationship.)

3. Either individual begins living with another person as their spouse;

4. The couple is determined not to be married for Title II purposes if that was the basis for considering the couple married;

5. The couple begins living in separate households;

a) When a married couple claims to be living apart, As many items of evidence as possible must be obtained to make a determination as to the couple's relationship and living arrangement. Such evidence may include mortgages, leases rent receipts, property deeds, bank accounts, tax returns, credit cards, information from government programs (SSA, public housing, food stamps, etc), and statements from friends, relatives and neighbors.

b) If the couple is living apart, each person is treated as an individual.

6. A man and woman who are still legally married and resume living together after having lived part is a married couple, regardless of the reason for having resumed living together.

Notes

23 Miss. Code. R. 102-6.6

42 CFR §435.601(a); 42 CFR §435.601(b) (Rev. 1993).