20 C.F.R. § 222.11

Current through October 31, 2024
Section 222.11 - Determination of marriage relationship

A claimant will be considered to be the husband, wife, or widow(er) of an employee if the law of the State in which the employee has or had a permanent home would recognize that the claimant and employee were validly married, or if a deemed marriage is established.

(a) Generally, State courts will find that a claimant and employee were validly married if-
(1) The employee and claimant were married in a civil or religious ceremony (see § 222.12 ) or
(2) The employee and claimant live together in a common-law marriage relationship which is recognized under applicable State law (see § 222.13 ), and no impediment to the marriage existed at the time it took place.
(b) A deemed marriage relationship may be established as described in § 222.14 .

20 C.F.R. §222.11