If a ceremonial or common-law marriage relationship cannot be established under State law, a claimant may still be found to have the relationship as spouse of an employee based upon a deemed marriage. A claimant is deemed to be the wife, husband, or widow(er) of the employee if the person's marriage to the employee would have been valid under State law except for a legal impediment, and all of the following requirements are met:
(a) The claimant married the employee in a civil or religious ceremony.(b) The claimant went through the marriage ceremony in good faith. Good faith means that at the time of the ceremony the claimant did not know that a legal impediment existed, or if the claimant did know, he or she thought that it would not prevent a valid marriage.(c) The claimant was living in the same household as the employee (see § 222.16 ) when he or she applied for the spouse annuity or when the employee died.54 FR 42949, Oct. 19, 1989, as amended at 65 FR 20726 , Apr. 18, 2000