---
kind: "section"
citation: "20 C.F.R. § 222.11"
title: "20"
number: "222.11"
heading: "Determination of marriage relationship."
url: "https://uscodex.org/cfr/20/222.11"
---

# §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](/cfr/20/222.12.md)) or
  - (2) The employee and claimant live together in a common-law marriage relationship which is recognized under applicable State law (see [§ 222.13](/cfr/20/222.13.md)), 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](/cfr/20/222.14.md).

## Notes

### Authority

Authority: 45 U.S.C. 231f.

### Source

Source: 54 FR 42949, Oct. 19, 1989, unless otherwise noted.