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Notes

20 C.F.R. §§ 404.725–404.727

3 sections in range

§404.725. Evidence of a valid ceremonial marriage.

20 C.F.R. § 404.725

(a)
General. A valid ceremonial marriage is one that follows procedures set by law in the State or foreign country where it takes place. These procedures cover who may perform the marriage ceremony, what licenses or witnesses are needed, and similar rules. A ceremonial marriage can be one that follows certain tribal Indian custom, Chinese custom, or similar traditional procedures. We will ask for the evidence described in this section.
(b)
Preferred evidence. Preferred evidence of a ceremonial marriage is—
(1)
If you are applying for wife's or husband's benefits, signed statements from you and the insured about when and where the marriage took place. If you are applying for the lump-sum death payment as the widow or widower, your signed statement about when and where the marriage took place; or
(2)
If you are applying for any other benefits or there is evidence causing some doubt about whether there was a ceremonial marriage: a copy of the public record of marriage or a certified statement as to the marriage; a copy of the religious record of marriage or a certified statement as to what the record shows; or the original marriage certificate.
(c)
Other evidence of a ceremonial marriage. If preferred evidence of a ceremonial marriage cannot be obtained, we will ask you to explain why and to give us a signed statement of the clergyman or official who held the marriage ceremony, or other convincing evidence of the marriage.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 405(a), 902(a)(5), and 1320e-3.

§404.726. Evidence of common-law marriage.

20 C.F.R. § 404.726

(a)
General. A common-law marriage is one considered valid under certain State laws even though there was no formal ceremony. It is a marriage between two persons free to marry, who consider themselves married, live together as man and wife, and, in some States, meet certain other requirements. We will ask for the evidence described in this section.
(b)
Preferred evidence. Preferred evidence of a common-law marriage is—
(1)
If both the husband and wife are alive, their signed statements and those of two blood relatives;
(2)
If either the husband or wife is dead, the signed statements of the one who is alive and those of two blood relatives of the deceased person; or
(3)
If both the husband and wife are dead, the signed statements of one blood relative of each;
(c)
Other evidence of common-law marriage. If you cannot get preferred evidence of a common-law marriage, we will ask you to explain why and to give us other convincing evidence of the marriage. We may not ask you for statements from a blood relative or other person if we believe other evidence presented to us proves the common-law marriage.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 405(a), 902(a)(5), and 1320e-3.

§404.727. Evidence of a deemed valid marriage.

20 C.F.R. § 404.727

(a)
General. A deemed valid marriage is a ceremonial marriage we consider valid even though the correct procedures set by State law were not strictly followed or a former marriage had not yet ended. We will ask for the evidence described in this section.
(b)
Preferred evidence. Preferred evidence of a deemed valid marriage is—
(1)
Evidence of the ceremonial marriage as described in § 404.725(b)(2);
(2)
If the insured person is alive, his or her signed statement that the other party to the marriage went through the ceremony in good faith and his or her reasons for believing the marriage was valid or believing the other party thought it was valid;
(3)
The other party's signed statement that he or she went through the marriage ceremony in good faith and his or her reasons for believing it was valid;
(4)
If needed to remove a reasonable doubt, the signed statements of others who might have information about what the other party knew about any previous marriage or other facts showing whether he or she went through the marriage in good faith; and
(5)
Evidence the parties to the marriage were living in the same household when you applied for benefits or, if earlier, when the insured person died (see § 404.760).
(c)
Other evidence of a deemed valid marriage. If you cannot obtain preferred evidence of a deemed valid marriage, we will ask you to explain why and to give us other convincing evidence of the marriage.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 405(a), 902(a)(5), and 1320e-3.