---
kind: "section"
citation: "20 C.F.R. § 219.30"
title: "20"
number: "219.30"
heading: "When evidence of marriage is required."
url: "https://uscodex.org/cfr/20/219.30"
---

# §219.30. When evidence of marriage is required.

- (a) **When an application is filed for benefits.** Documentary evidence of marriage is required when an individual files for a monthly annuity, lump-sum death payment, residual lump sum, or Medicare coverage, as the wife, husband, widow, widower, divorced spouse or surviving divorced spouse, or stepparent of the employee. A claimant may also be required to submit evidence of another person's marriage when that person's marriage is necessary to determine the applicant's entitlement to benefits under the Railroad Retirement Act.
- (b) **State law.** In deciding whether the marriage to the employee is valid or not, in a case where the employee is living, the Board will follow the law of the state where the employee had a permanent home when the applicant filed an application; in a case where the employee is dead, the Board will follow the law of the state where the employee had a permanent home when he or she died.
- (c) **Types of evidence.** What evidence will be required depends on whether the employee's marriage was a ceremonial marriage, a common-law marriage, or a marriage that can be deemed to be valid.

## Notes

### Authority

Authority: 45 U.S.C 231f.

### Source

Source: 54 FR 31942, Aug. 3, 1989, unless otherwise noted.