---
kind: "section"
citation: "20 C.F.R. § 404.344"
title: "20"
number: "404.344"
heading: "Your relationship by marriage to the insured."
url: "https://uscodex.org/cfr/20/404.344"
---

# §404.344. Your relationship by marriage to the insured.


You may be eligible for benefits if you are related to the insured person as a wife, husband, widow, or widower. To decide your relationship to the insured, we look first to State laws. The State laws that we use are discussed in [§ 404.345](/cfr/20/404.345.md). If your relationship cannot be established under State law, you may still be eligible for benefits if your relationship as the insured's wife, husband, widow, or widower is based upon a deemed valid marriage as described in [§ 404.346](/cfr/20/404.346.md).


## Notes

### Authority

Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and (b), 405(a), 416, 423, 425, and 902(a)(5)).

### Source

Source: 44 FR 34481, June 15, 1979, unless otherwise noted.