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925.5 General

925.5.1 Defined

A. Establishment of relationship - A marriage relationship is determined either by 

applicable state law or by the deemed marriage provision of the RR Act. Under 

state law, a marriage relationship may be created when an individual participates 

in a ceremony (civil or religious), is eligible to inherit intestate property as the 

surviving spouse or is living with another person in a common-law relationship. 

Under our deemed marriage provision, however, we can establish a marriage 

relationship when a ceremonial marriage would not be recognized under state 

law due to certain impediments or defects.

NOTE: The deemed marriage provision can only be applied when there are no 

adverse claimants.

B. Validity of marriage - The validity of a marriage is ordinarily determined by the 

law of the state in which the marriage took place. If valid in that jurisdiction, the 

marriage is ordinarily held valid in other jurisdictions.

Some states carried anti-miscegenation laws, prohibiting interracial marriage, 

even as recently as the year 2000; however, such laws were declared 

unconstitutional by the Supreme Court in 1967, and do not apply. 

925.5.2 When Proof of Marriage (POM) Required

Documentary POM is required from an applicant for a monthly annuity, LSDP or RLS 

(except a designated beneficiary) who claims status as the wife, husband, widow(er) or 

step-parent of an employee.

Documentary POM of any other person may also be required when such person's 

marriage is relevant in the determination of payments under the RR Act.

Before 6-1-58, a spouse applicant's statement on the application that (s)he was 

ceremonially married to the employee was accepted as POM under certain 

circumstances if the employee verified the statement on Forms G-346 or G-345.

Effective 6-1-58, POM is required in all cases, except those where the spouse's 

application was filed before that date. Therefore, in a survivor case the widow(er) need 

not submit POM if a spouse annuity began to accrue to such person before the 

employee's death and marriage was proved in accordance with procedures in effect 

prior to 6-1-58. Accept the applicant's statement on the application that a ceremonial

marriage was performed without securing documentary evidence when there are no 

monthly annuities payable and it is apparent that the total amount payable does not

exceed $25.
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925.10 Ceremonial Marriage

925.10.1 Preferred Proofs

The following are preferred POM:

A. The original certificate of marriage;

B. A copy of or statement regarding a public record of the marriage certified by the 

custodian of such record or by an RRB employee;

NOTE: An imaged marriage certificate obtained from a state or county website 

maintained by the custodian of records may be considered acceptable evidence 

in some instances. It has been determined that proofs obtained from official 

state or county websites in the state of Florida are considered acceptable 

evidence. Submit questions about websites in other states to P&S, RAC. 

C. A copy of or statement regarding a church record of the marriage certified by the 

custodian of such record or by an RRB employee.

NOTE: Religious ceremonial marriages performed in Mexico by a clergyman 

have no legal status. Ordinarily, however, when a religious ceremony of 

marriage is shown to have been performed, it can reasonably be inferred in the 

absence of evidence to the contrary that a civil ceremony preceded the religious 

ceremony. The performance of a religious ceremony that has not been preceded 

by a civil ceremony subjects the officiating clergyman to criminal prosecution, 

BUT the performance of a criminal act is not to be presumed.

925.10.2 Secondary Proofs

If none of the preferred proofs of marriage can be furnished, obtain a signed statement 

from the applicant explaining why the preferred proofs are unavailable. Also obtain one 

of the following forms of evidence:

A. The sworn statement of the clergyman or official who performed the marriage 

ceremony; or,

B. A final decree of divorce. See FOM1 320.16.3 for additional information on when 

a divorce decree can be used as proof of marriage; or,

C. Other evidence of probative value such as:

1. The sworn statements of two persons who know the facts of the marriage 

(preferably eyewitnesses to the marriage ceremony) showing the time and 

place of the marriage and the basis of the affiant's knowledge; or

2. Excerpts from naturalization certificates, deeds, immigration records, 

insurance policies, passports, or from original business, employment, 
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labor, fraternal, school, church, or other records that show the relationship 

of husband and wife, and a sworn statement from a knowledgeable 

person showing when and where the husband and wife resided together 

and the basis of that person's knowledge.

Evidence of cohabitation should be developed only if the applicant lived in a state 

where such evidence can be used to establish a marriage and if the applicant 

claims to have participated in a marriage ceremony but cannot submit proof. 

Examiners will initiate such development only if it is requested by the attorneyadvisor.

In determining the acceptability of secondary evidence, consider the statements 

and conduct of the parties. Also consider the length of time during which the 

parties have lived together as husband and wife; the longer the period, the 

stronger the inference. When children were born of the relationship, the 

inference is even stronger.

925.15 De Facto (Deemed) Marriage

925.15.1 Defined

A deemed marriage is created when the claimant's marriage to the employee would 

have been valid under applicable state law except for a legal impediment, provided:

A. There was a marriage ceremony. (This requirement may be met by the 

individual's participation in a ceremony conducted under civil, religious or tribal 

practices, and situations in which certain formalities were observed such as 

securing a marriage license, but no ceremony was actually performed although 

the parties believed a ceremony had been performed. The term includes all 

ceremonial marriages we would otherwise recognize as valid were it not for the 

defect but does not include common-law marriage.); and

B. The claimant went through the marriage ceremony in good faith not knowing of 

the impediment at the time of the marriage; and

C. The claimant was living in the same household with the employee at the time of 

the death of the employee, or, in a life case, at the time (s)he files the application. 

(In a survivor case, this requirement must be met even if the claimant was 

entitled to a spouse annuity at the time of the employee's death.); and

D. At the time of filing an application there is no other person (based on a valid 

marriage or inheritance rights under state law) who had filed and been found 

entitled to any type of survivor benefit, or, in a life case, there is no other person 

who is or was entitled to a spouse's benefit at SSA; and

E. The impediment is one resulting from a prior undissolved marriage or otherwise 

arising out of a prior marriage or its dissolution, or one arising from a defect in the 

procedure followed in connection with the purported marriage.
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925.15.2 Legal Impediment

The deemed marriage provision applies only:

A. To marriages that are invalid because the prior marriage was not dissolved, or 

the attempted dissolution was not valid (e.g., Mexican mail order divorce) or, if 

dissolved, there was a restriction against marriage still in effect at the time of 

remarriage; or 

B. When the marriage is invalid because of a procedural defect in connection with 

the marriage. Examples of such defects are: religious marriage in a country 

(such as Mexico) which requires a civil ceremony for a valid marriage, or failure 

to comply with state licensing requirements. When a valid marriage is alleged, 

do not look for a procedural defect which makes the marriage invalid; however, if 

it comes to your attention, it must be considered since it would require deemed 

marriage development.

When the marriage is invalid for other reasons under state law (e.g., because it 

was incestuous), the deemed marriage provision does not apply.

925.15.3 Good Faith

The applicant must establish that (s)he acted in good faith and in ignorance of any legal 

impediment which invalidated the marriage as of the time (s)he went through the 

marriage ceremony. Good faith, or lack of it on the part of the employee makes no 

difference; nor does it matter if the applicant learned of the invalidity of the marriage 

after the marriage took place.

The test for determining whether the claimant acted in good faith is the individual 

claimant's belief at the time of the ceremony. If the claimant believed that the marriage 

was valid, the requirement is met. The fact that another person might not have had the 

same belief under the same circumstances, or that a more prudent course could have 

been adopted, will not prevent a finding that the claimant acted in good faith.

Generally, if the action taken was based on the advice of an attorney or other person 

who the claimant believes would know the law (e.g., minister, marriage license clerk, 

etc.), consider the claimant to have acted in good faith in the absence of evidence to the 

contrary. Other factors which may be helpful in resolving the question in doubtful cases 

(i.e., whether the claimant's allegation of believing the marriage valid is creditable) are 

the claimant's education, experience in worldly affairs and age.

Usually, the statement of the claimant is sufficient to determine whether there was good 

faith.

Include in the statement from the claimant why, at the time of the ceremony, (s)he 

believed the marriage to be valid. If a prior marriage is involved, include also in the 

statement whether (s)he knew of it and its invalid dissolution or lack of dissolution. If 
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there was a restriction on remarriage, the claimant's statement should include the 

reason (s)he believed the restrictions did not apply. 

925.15.4 Living in the Same Household

To determine whether the claimant was living in the same household as the employee 

at the time of the employee's death or at the time the application was filed in a life case, 

use the applicable rules in FOM-I-935.

925.15.5 Development

Usually, if entitlement is possible under the deemed marriage provision, it is not 

necessary to determine the legality of the relationship under state law before developing 

deemed marriage. Development may be under state law or under the deemed marriage 

provision, whichever way is quicker or easier. However, if two people are claiming the 

status of a widow(er), you must develop under state law; in such cases, the deemed 

marriage provision cannot be applied.

925.15.6 Prior Spouse Entitlement

If, in the course of developing "good faith", the prior spouse inquires about benefits, 

explain the requirements for entitlement and the necessity of filing an application.

925.20 Common-Law Marriage

925.20.1 General Rules for Determining Validity

Subject to the exceptions in the different States, the following guidelines may be used in 

determining whether a common-law marriage may exist.

A. How created - Ordinarily, a common-law marriage is created when parties free to 

contract marriage enter into an agreement to be husband and wife, and actually 

live together as husband and wife subsequent to and as a provision of the 

agreement.

B. Bigamous marriage contracted in good faith by at least one party - A valid 

common-law marriage may arise in some States if at least one of the parties to a 

bigamous marriage contracted it in good faith and they lived together as husband 

and wife in a State which recognizes common-law marriages after the 

impediment is removed.

An agreement of marriage after removal of the impediment may, in some States, 

be inferred from the parties continued cohabitation.

C. Both parties enter into bigamous marriages knowing that such marriage is void - 

Ordinarily, a common-law marriage will not arise when both parties enter into a 

bigamous marriage knowing that such marriage is void, even after removal of the 
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impediment unless the parties enter into a new agreement of marriage and live 

together as husband and wife after the new agreement.

D. Parties domiciled in State which does not recognize common-law marriages - If 

the parties were domiciled in a State which does not recognize common-law 

marriages, but they contracted a marriage in a State where such marriages are 

recognized, their marriage will be considered valid by the State of their domicile 

except in Utah.

E. Cohabitation in State not recognizing common-law marriage - If a couple lives 

together and declares to be husband and wife after removal of an impediment to 

a bigamous marriage, do not assume a valid marriage in a State that does not 

recognize common-law marriage. (Wisconsin is an exception to this general 

rule.)

F. Cohabitation requirement - After an agreement to be husband and wife, some 

States require cohabitation, but the cohabitation need not always be in the State 

where the agreement was made.

G. Marriage not valid in beginning - When the marriage was not valid in the 

beginning, generally the relationship is presumed to be still invalid after removal 

of the impediment. However, convincing evidence that the parties intended to 

establish a valid marital relationship after the removal of the impediment could 

validate the marriage.

925.20.2 When Proof of Common-Law Marriage Is Required

Secure proofs (described in FOM-I-925.20.3 through 925.20.6) whenever

A. The parties agreed to be husband and wife and/or lived together as such in a 

State that recognizes common-law marriages - If the parties lived together as 

husband and wife while living temporarily or visiting in a State which recognizes 

common-law marriages, a valid common-law marriage may arise from their 

temporary stay in that State. Therefore, if a valid marriage cannot be established 

under the laws of the State where the parties have been domiciled, it may be 

possible to establish a common-law marriage in a State in which the couple 

visited (ask about the places they visited together).

B. Ceremonial marriage alleged, supporting evidence not submitted - When a 

ceremonial marriage is alleged but evidence that such marriage was solemnized 

by a clergyman, justice of the peace, or other civil official authorized to perform 

the marriage ceremony has not been submitted, do not try to establish a 

common-law marriage until all reasonable efforts have been made to establish 

the relationship on the basis of the alleged ceremonial marriage.

C. Ceremonial marriage void - If a ceremonial marriage was void when entered into 

because of a legal impediment and the parties continued to live together as 
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husband and wife after removal of the impediment, develop for a common-law 

relationship.

925.20.3 Proof When Husband and Wife Are Both Living

A. Primary proof - Obtain a completed Form G-124, Statement of Marital 

Relationship, from both husband and wife, and a completed Form G-124a, 

Statement Regarding Marriage, from a blood relative of each party.

When a G-124a cannot be secured from a blood relative, another knowledgeable 

person may substitute if the employee furnishes a statement explaining why no 

blood relatives can complete the G-124a.

B. Evidence in lieu of Form G-124a - Although Form G-124a does not indicate the 

absence of a ceremonial marriage, an applicant may object to its completion. The 

fact that completion of a G-124a might prove embarrassing is not sufficient 

reason why the form should not be secured. If the claimant explains satisfactorily 

in writing why use of a G-124a would actually be detrimental to the parties or to 

children born of the relationship, accept other evidence of equal value. 

Acceptable substitute evidence includes documents identifying the parties as 

husband and wife, such as:

• Copies of purchase agreements;

• Contracts and leases executed by both parties;

• Bank accounts;

• Correspondence;

• Insurance policies, employment, church, or fraternal records;

• Other documents of equal value.

925.20.4 Proof When One Spouse Is Deceased

Obtain a completed Form G-124 from the surviving spouse and a completed Form G124a from each of two blood relatives of the deceased husband or wife.

If you cannot secure statements from blood relatives, or if you can only secure a 

statement from one, obtain a written explanation from the applicant. For each 

statement not obtained from a blood relative of the decedent, secure a completed G124a from a person who knows the facts. (See FOM-I-925.20.3B on substituting other 

evidence for Form G-124a.)
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925.20.5 Proof When Husband and Wife Are Both Deceased

Secure a completed Form G-124a from a blood relative of each deceased party. Obtain 

a G-124a completed by an individual other than a relative as a substitute upon written 

explanation if such relative's statement is not reasonably obtainable. (See FOM-I925.20.3B on substituting other evidence for Form G-124a.)

925.20.6 Proof When Ceremonial Marriage Void Due To Legal Impediment

If both or one of the parties who entered into a ceremonial marriage that was void 

because of a legal impediment are alive there may be a valid common-law marriage if:

A. the impediment is later removed; and

B. the parties continued to live together as husband and wife; and

C. such marriages are recognized under applicable State law.

Signed statements by blood relatives and other are not required in these cases. Obtain 

proof of the ceremonial marriage and Forms G-124 completed by both the husband and 

wife or by the surviving party. This rule applies even though the State law requires 

proof of a new agreement to be husband and wife after the impediment is removed.

If the parties were separated temporarily for reasons such as ill health, financial trouble, 

employment away from home, or service in the Armed Forces, the living-together 

requirement may be met in some States.

925.20.7 Foreign Common-Law Marriages

If the employee was not domiciled in any State (the term "State" includes the District of 

Columbia, the Virgin Islands, Puerto Rico, Guam and American Samoa), but rather in a 

foreign country, the law of the District of Columbia would govern. In the District of 

Columbia, a marriage not valid in the place where it is contracted is not valid anywhere. 

Therefore, a common-law marriage is only recognized if it is valid under the applicable 

law in the place where it was contracted.

For example, Legal Opinion L-97-26 determined that common-law marriages were not 

recognized in Ontario, Canada. Since the relationship between the claimant and the 

deceased employee could not be recognized as a valid marriage under the laws of 

Ontario, Canada, the relationship does not create a valid marriage under the laws of the 

District of Columbia, and the claimant could not be recognized as the widow for 

purposes of awarding her a widow's insurance annuity under the Railroad Retirement 

Act. 

Headquarters examiners must submit cases involving foreign common-law marriages to 

their attorney advisor for a determination on the validity of the marriage.
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925.25 Marriage or Divorce Under Indian Tribal Custom

925.25.1 Field Office Action

Status as a spouse under state law may exist as a result of an Indian tribal or custom 

marriage. Take the following action when an applicant (employee, spouse, or survivor) 

reports, or you become aware of, a marriage or divorce under Indian tribal custom:

A. Develop and report all the facts; and

B. Cite the state statute, if any is readily available, determining the validity of such 

marriage or divorce.

925.25.2 Condition for Validity

It is impossible to put into the FOM all the state laws and tribal customs. However, such 

marriages are recognized as valid under laws of various states if:

A. There was a tribal government to which the parties were subject at the time of 

the marriage; and

B. The parties at the time of the marriage had been following tribal customs and 

laws; and

C. The marriage was in accordance with tribal customs and laws.

925.25.3 Proofs

Indian tribal rolls in the custody of a tribal council or agent may constitute the only extant 

record of a tribal ceremony. However, among Navajo Indians a tribal marriage 

certificate was issued for marriages after February 11, 1954, and should attempt to be 

secured if such marriage is alleged. This would also be true of a tribal marriage for 

members of any other tribe which is known to have, by resolution or otherwise, provided 

for licensing and ceremonial requirements. Effective April 23, 1993, the Navajo Nation 

Code provides for common-law marriages. Refer to SSA POMS GN 00305.080 Navajo 

Tribal Common-Law Marriages for additional details and requirements regarding Navajo 

Tribal Common-Law Marriage. 

The evidence must establish that the applicable requirements have been met in order 

for the marriage to be binding under Indian tribal customs and laws and thus recognized 

as valid under state law. If one or more of the requirements was not met, the 

relationship may be a putative marriage which would also establish the necessary 

status under state law. (A putative marriage is one in which the innocent party to a void 

marriage may acquire inheritance right as a spouse.) See FOM1 Article 9 Appendix D2

and SSA POMS GN 00305.085 for additional information on putative marriage laws by 

state.
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If the applicant does not have a status as spouse under the foregoing provisions, such 

status may exist under the deemed marriage provision if the acts of the parties 

constitute a ceremony under FOM1 925.15.1. 

925.30 Chinese Custom Marriage

An applicant may have the status of a spouse on the basis of a custom marriage which 

took place in China. A Chinese custom marriage would be recognized as valid under 

state law if the Chinese procedural requirements of law and custom for affecting a 

marriage were met. These requirements for the respective period are as follows:

A. Prior to 1912

1. Consent of the two interested families to the contract of marriage; and

2. A betrothal conducted by a go-between and evidenced by a formal 

contract; and

3. A ceremony of some sort concluding the marriage.

B. After 1911 and before 5-5-31

1. All requirements in Item A. above; and

2. consent of the parties to the marriage.

Lack of family consent to a marriage would not actually invalidate such a 

marriage but would make it merely voidable, i.e., valid unless and until declared 

void by courts.

C. After 5-4-31 and before 5-1-50

A celebration of marriage between consenting parties in open ceremony and in 

the presence of two or more witnesses.

The "open ceremony" requirement means that the observance must have been 

public, i.e., everybody who wished to attend must have been able to do so. When 

only guests were invited and no other persons were or would have been 

admitted, there is no open ceremony. 

D. After 4-30-50

Examiners will submit to the GC for an opinion on the requirements for marriage 

on the Chinese mainland.

If the marriage is invalid because one of the requirements above was not met, 

the marriage may be a deemed marriage if there was a ceremony. See FOM-I925.15.