§222.11. Determination of marriage relationship.
20 C.F.R. § 222.11
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.
Generally, State courts will find that a claimant and employee were validly married if—
The employee and claimant were married in a civil or religious ceremony (see § 222.12) or
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.
A deemed marriage relationship may be established as described in § 222.14.
Notes, amendments, and revision history
Authority
Authority: 45 U.S.C. 231f.
Source
Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.