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4.3.1 Meaning Of "Marriage" Under RRA

A. General - 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 by participation in a ceremony (civil or religious), or 

being eligible to inherit intestate property as the deceased's spouse, or by living 

together 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. Therefore, when there are no adverse claimants, a marriage 

relationship may be developed under the deemed marriage provision or 

applicable State law, whichever way is quicker or easier.

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.

A miscegenous marriage is valid even though State law may bar such a 

marriage. Such laws were declared unconstitutional by the Supreme Court in 

1967. If a claim is found which was previously denied because of a miscegenous 

marriage, reopen it and allow full retroactivity.

4.3.2 When 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 

stepparent of an employee.

Documentary POM may also be required as to the marriage of any other person 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 Form G-346 (or G-345). 

Effective 6-l-58, documentary POM is required in all cases, except those in which 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.
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4.3.3 Establishing Marital Relationship Without Documentary 

Evidence

Accept the applicant's statement on the application that a ceremonial marriage was 

performed without securing documentary evidence when there are no annuities payable 

on a monthly basis and it is apparent that the total amount payable does not exceed 

$25.

4.3.10 Preferred Proof

The following are preferred POM:

• The original certificate of marriage

• A copy of, or statement regarding, a public record of the marriage certified by the 

custodian of such record or by an RRB employee.

• 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. Accept as proof of a 

civil marriage any certification from Mexico that a religious marriage ceremony took 

place, absent volunteered statements or evidence to the contrary.

4.3.11 Secondary Proof

A. Types of Evidence - If none of the preferred proofs of marriage can be furnished, 

obtain a signed statement from the applicant giving the reasons and one of the 

following forms of evidence:

1. The sworn statement of the clergyman or official who performed the 

marriage ceremony; or

2. Other evidence of probative value such as:

• The sworn statements of two persons who have knowledge as to 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 

• 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.

NOTE: The evidence in 2 above is used only if the preferred proof in sec. 4.3.10 

or the secondary proof in 1 above cannot be submitted.

If none of the proofs in sec.4.3.10 or in items 1 or 2 above can be furnished, 

evidence of cohabitation, such as a sworn statement from a knowledgeable 

person showing when and where cohabitation took place and the basis of that 

person's knowledge, will establish a marriage in certain states.

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. 

Therefore, if cohabitation is indicated or claimed in a case in which a ceremonial 

marriage is claimed but cannot be proved, submit the case to the attorneyadvisor. Do not initiate special development for evidence of cohabitation before 

the attorney-advisor requests it.

B. Evaluating Secondary Proof - 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 man and wife; the 

longer the period, the stronger the inference. When children were born of the 

relationship, the inference is even stronger.

4.3.15 De Facto (Deemed) Marriage 

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 (see sec. 

4.3.17), provided:

• There was a marriage ceremony; and

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

impediment at the time of the marriage; and

• 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

• At the time of the 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
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• 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.

4.3.16 Marriage Ceremony

This requirement may be met by 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 marriages.

4.3.17 Legal Impediment

The deemed marriage provision applies only:

• 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 

• 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 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. (However, for Mexico, see sec. 4.3.10.)

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

incestuous), the deemed marriage provision does not apply. If in doubt as to whether 

the defect which makes the marriage invalid is procedural, submit the case to the DGC, 

in the absence of precedent opinion.

NOTE: In any case in which both a legal widow and a de facto widow survive the 

employee, determine the de facto widow's entitlement to any RRB survivor benefits, 

including the RLS in an SSA jurisdiction case, by the rules set forth in RCM sec. 2.1.28.

4.3.18 Good Faith

The claimant 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 claimant learned of the invalidity of the marriage after

the marriage took place.
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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.

State law definitions of "good faith" or interpretations of the term by state courts do not 

determine "good faith" under the deemed marriage provision. Thus, a claimant who 

fails to meet a "good faith" requirement under a state law which imposes a "reasonable 

person" standard may meet the good faith test described above.

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.

4.3.19 Living In The Same Household

To determine whether or not 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 chapter 4.6

4.3.20 Development Of A Deemed Marriage

A. General - 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 is quicker and 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.

B. Good Faith - Generally, the statement of the claimant is sufficient to determine 

whether there was good faith. If the marriage was invalid because of an 

undissolved prior marriage and the prior spouse is living and her address is 

known, secure a signed statement from the prior spouse. A reasonable effort 

should be made to locate the prior spouse (e.g., by contacting relatives and 

friends); a report should be submitted if the prior spouse is not located.

The statement of the prior spouse should include information as to whether the 

claimant knew of the previous marriage (before the claimant married the 

employee) and how the prior spouse became aware of the claimant's knowledge.

The statement of the claimant should say why, at the time of the ceremony, (s)he 

believed the marriage valid. If a prior marriage is involved, the statement should 
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also show whether (s)he knew of it and its invalid dissolution or lack of 

dissolution; or if there was a restriction on remarriage and, if so, the reason for 

believing the restriction did not apply.

C. Prior Spouse's Entitlement - If, in the course of developing good faith under 

section 3 above, the prior spouse inquires about benefits, explain the 

requirement for entitlement and the necessity of filing an application.

4.3.25 Common-Law and Similar Marriages

In an ordinary case, a common-law marriage is entered into upon the mutual agreement 

of the parties to become husband and wife from that time on, and is not solemnized by 

a ceremony. If a ceremonial marriage is claimed, do not attempt to establish a 

common-law marriage until all reasonable efforts have been made to secure proof of 

the ceremonial marriage or the applicant admits a ceremony did not take place.

To bring a common-law marriage into being, the parties must have the intent to marry, 

must consider themselves as husband and wife, and in some States must cohabit and 

hold themselves out to the public as husband and wife. Both persons must also be 

legally capable of entering into a valid marriage, and the marriage must be contracted in 

a State in which common-law marriages are recognized (see 

FOM1 Chapter 9 Appendix D).

4.3.26 General Rules For Determining Validity

Subject to the exceptions in the different States the following rules apply in States 

where a common-law marriage can be, or could have been, contracted.

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

contract marriage enter into a present agreement to be husband and wife, and 

actually live together after the agreement as husband and wife.

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 impediment unless the parties enter into a new agreement of marriage and 

live together as husband and wife after the new agreement.
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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 - No inference of 

marriage can arise from cohabitation and repute in a State not recognizing 

common-law marriage after removal of an impediment to a bigamous marriage. 

(Wisconsin is an exception to this general rule.)

F. Cohabitation Requirement - After a present 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 the same after removal of 

the impediment. However, the contrary can be shown by convincing evidence 

that the parties intended to establish a valid marital relationship after the removal 

of the impediment.

4.3.27 When Proof Of Common-Law Marriage Required

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 

husband and wife after removal of the impediment, develop for a common-law 

relationship. 
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4.3.28 Proof When Husband And Wife Are Both Living

A. Primary Proof - Obtain a completed G-124, "Statement of Marital Relationship", 

from both husband and wife, and a completed G-124a, "Statement Regarding 

Marriage," from a blood relative of each party.

When a G-124a cannot be obtained from a blood relative of one party, secure a 

G-124a from another blood relative of the other party. If no statements can be 

secured from blood relatives, or a statement is secured from only one, obtain a 

written explanation from the applicant. For each statement not obtained from a 

blood relative, obtain a completed G-124a from another person who knows the 

facts.

B. Evidence in Lieu of G-124a - Although 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 be actually 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.

4.3.29 Proof When One Spouse Deceased

Obtain a completed G-124 from the surviving spouse and a completed G-124a 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 the preceding section on substituting 

other evidence for G-124a.)
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4.3.30 Proof When Husband And Wife Are Both Deceased

Secure a completed G-124a from a blood relative of each deceased party. Obtain a G124a completed by an individual other than a relative as a substitute upon written 

explanation if such relative's statement is not reasonably obtainable. (See sec. 4.3.28 

on substituting other evidence for G-124a.)

4.3.31 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:

• The impediment is later removed; and

• The parties continued to live together as husband and wife; and

• Such marriages are recognized under applicable State law.

Signed statements by blood relatives and others 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.

If both parties are alive but did not live together as husband and wife after the 

impediment was removed, see sec. 4.3.28. When one party is deceased, see sec. 

4.3.29. Similar proofs are required when the parties were not living in the same 

household when the application was filed (if the employee was alive) or when the 

employee died and the separation was other than temporary.

EXAMPLES OF IMPEDIMENT:

1. A prior marriage of one or both of the parties had not been ended. The 

impediment was later removed by annulment of the prior marriage, divorce, or 

death of the former spouse.

2. One of the parties was precluded from remarrying or from remarrying for a 

specific period pursuant to a divorce decree. The impediment is later removed 

by expiration of the waiting period, removal of the parties to another State where 

the restriction would not be effective, or by death of the former spouse.
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3. A State law barred a valid marriage because the parties were too closely related, 

and the parties later go into a State where a marriage between them would be 

recognized.

4.3.32 Foreign Common-Law Marriages

If the employee was not domiciled in any State, 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 commonlaw 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.

Cases involving foreign common-law marriages should be submitted to the attorney 

advisor assigned to the unit through the claims specialist or senior claims examiner for a 

determination on the validity of the marriage.

4.3.40 Termination Of Prior Marriage

A ceremonial or common-law marriage is terminated by death of a spouse, divorce, or 

annulment. In determining whether the last marriage is valid, the first question to resolve 

is whether a prior marriage has been terminated.

A. Separation or Abandonment - If an applicant states that a prior marriage was 

terminated by divorce, but does not appear to understand the difference between 

a divorce and a mere separation, find out what (s)he really means. The fact that 

the parties to the marriage separated or that one party abandoned the other does 

not necessarily mean that a divorce followed such action, and terminated the 

marriage.

B. Prior Marriage Terminated After Later Marriage - If the prior marriage terminated 

after the later marriage, a valid marriage may come into being under applicable 

State law. The following sections explain when the validity of the last marriage 

may be presumed and when a common-law marriage may be established after 

an impediment is removed. 
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4.3.41 When To Accept Allegation That Marriage Was Terminated

Accept a statement that a marriage was terminated by death of a spouse, divorce, or 

annulment when at least the year and State of termination are provided and when there 

is no evidence to the contrary creating a reasonable doubt. Accept such a statement 

even though complete information is not furnished as to the exact date, place of 

termination, or the identity of the other party and even though a common-law marriage 

is claimed in the present or in a former marriage.

When the year or State of termination is not provided or when there is a reasonable 

doubt that the prior marriage was not terminated, secure proof of death, divorce, or 

annulment. If preferred proofs cannot be secured, obtain any available secondary 

evidence such as a statement from the other spouse of the prior marriage, 

correspondence referring to the terminating event, statements from friends or relatives 

of both parties to the prior marriage, newspaper accounts, or other evidence of 

probative value. Also, secure a statement giving the reason a preferred proof cannot be 

furnished.

4.3.42 When Date Of Termination Of Prior Marriage Is Material

In determining the validity of a later marriage, the date the prior marriage terminated is 

material when the length of time between the marriages is short. In such cases, if the 

prior marriage ended by divorce, there might be a restriction on remarriage within a 

certain period of time; such a marriage may be invalid in some States.

Accept a statement of the approximate time the prior marriage was terminated only if 

there is no evidence that creates reasonable doubt as to the correctness of the 

statement.

4.3.43 Applicant Does Not Know Prior Marital Status Or Whether Prior 

Marriage Was Terminated

A. Prior Marital Status Unknown - If the applicant does not know whether the 

employee was previously married and there is no evidence to the contrary, 

assume that there was no prior marriage.

B. Termination of Prior Marriage Uncertain - If the applicant alleges a prior marriage 

but does not know whether it was terminated, tell the applicant to get information 

from other sources such as relatives or friends. The applicant has the burden of 

securing the evidence necessary to establish the claim. If the evidence shows

that the prior marriage was terminated but not all the details are known, handle in 

accordance with the preceding sections.
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4.3.44 Presumption Of Validity Of Last Marriage

Most States follow a presumption in favor of the validity of the last of several conflicting 

marriages. If the State of the employee's domicile at death or (in a life case) at the time 

of filing has such a presumption, it must be applied where all the evidence and 

information the applicant can supply still leaves the termination of a former marriage in 

doubt.

In many cases, you might find development of a deemed marriage more convenient 

(RCM 4.3.15). However, in a case involving a person with an undissolved prior marriage 

who applies for a widow's, widower's or parent's annuity based on a deemed marriage, 

you must determine that the prior marriage ultimately ended.

A State's presumption of the validity of the last marriage does not mean that the 

applicant need only submit proof of such last marriage and thereby qualify as the legal 

spouse of the insured individual. Even though there is no adverse claimant, the 

applicant must submit information which will enable a determination to be made on the 

facts.

All leads must be exhausted. If after complete development, enough evidence cannot 

be obtained to determine whether or not the prior marriage was terminated, use the 

presumption applicable in the particular State as to the validity of the last marriage. In 

the absence of a precedent opinion, submit the case to the Bureau of Law for a ruling.

Under the presumption of the validity of the last marriage, a divorce is presumed to 

have occurred on the first day on which the prior spouse's whereabouts are unknown. 

When the duration of marriage is material to the claim, the applicant must establish that 

the marriage lasted at least ten years.

Consult precedent opinions in cases involving the following States:

Georgia applies a presumption of validity of a subsequent ceremonial marriage until 

evidence is adduced that the spouse of the first marriage is living.

Louisiana does not apply a presumption of validity of the last marriage with respect to a 

party who was in bad faith; in such cases, the burden is upon such party to show the 

dissolution of a prior marriage. With respect to a party who was in good faith, Louisiana 

does apply a presumption of validity of the last marriage.

Nebraska and South Carolina apply an equal presumption in favor of each of two 

successive marriages.

Ohio applies a presumption that the first marriage continues in the absence of 

conclusive proof that it has terminated.
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Wisconsin determines validity of a marriage by reasonable inferences drawn from all 

facts and circumstances in the case with the burden on the spouse of the last marriage 

to prove the dissolution of the earlier marriage.

4.3.45 Development Required Before Applying Presumption

A. General - The development required before applying a presumption of validity of 

the last marriage is the same whether the employee or the applicant entered into 

a prior marriage. If both parties to the prior marriage still survive and are 

available, secure statements from each as to whether the prior marriage was 

terminated by divorce or annulment. If it is stated that the prior marriage had 

been terminated by divorce or annulment, accept the statement in the absence of 

evidence creating a reasonable doubt to the contrary. If there is evidence 

creating a reasonable doubt, secure a certified copy of the divorce or annulment 

decree. If both parties answer that no divorce or annulment was obtained, this is 

sufficient to determine that the prior marriage has not been terminated. Whether 

the validity of a prior marriage is to be developed will depend upon applicable 

State law.

Development is more complicated, however, when one of the parties to the prior 

marriage is deceased or cannot be located.

B. How to Develop - In addition to obtaining statements from the parties involved, 

use the following forms when applicable:

• G-237 (Statement/Regarding Marital Status);

• G-238 (Statement of Residence);

• G-238a (Statement Regarding Divorce or Annulment).

It is not always necessary to secure each of these forms; their usefulness 

depends on how much information is in file and how much additional information 

is needed. Use the information in 4.3.46 and 4.3.47 as a general guide for 

securing these forms in conjunction with statements from the parties involved.

4.3.46 Development When Living Employee Or Applicant Was 

Previously Married, Other Party's Whereabouts Unknown

A. Initial Development - Have the employee or applicant submit the dates of the 

prior marriage and separation, a G-238 showing the places of residence of the 

other party including the dates of such residence (from the date of separation

until the present), and the names and addresses of the other party's relatives and 

friends if a G-237 is not in file.
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If the other party is located from this information, secure a G-237 from that 

person. If the other party is not located but it is alleged that the prior marriage 

was terminated, secure corroboration, i.e., POD or proof of divorce or annulment.

If the other party is not located and the relatives and friends are unable to furnish 

information about termination of the prior marriage, have them complete G-238's 

corroborating the list of the other party's place of residence. Limit the initial 

development to securing and evaluating information outlined in this subsection 

before taking any development under subsection B below.

B. Additional Development - If development under subsection A above has not 

resolved the issue, have the employee or applicant submit G-238a's from the 

court clerks having jurisdiction in the places where the other party resided as to 

whether a divorce or annulment is shown. Do not request these statements if the 

other party's whereabouts cannot be traced for the entire period from the date of 

separation to the date the application was filed. If a record of a divorce or 

annulment is shown to exist, secure a certified copy of the public record.

If the other party's whereabouts cannot be traced for the entire period, apply the 

presumption of validity of last marriage. When the information secured covers the 

other party's whereabouts from the date of separation and the statements of the 

clerks or custodians show no divorce, annulment, or death, do not apply the 

presumption.

4.3.47 Development When Deceased Employee Previously Married

A. Other Party's Whereabouts Unknown - Follow the instructions in the preceding 

section with respect to the other party, except that the period to be covered 

extends from the date of separation to the date of the employee's death. In 

addition, the claimant must submit similar information about the deceased 

employee. Develop the information pertaining to the employee in the same 

manner as for the other party. Do not request the statements from the court 

clerks if the whereabouts of both parties cannot be traced for the entire period.

If the whereabouts of either or both are unknown for certain periods of time, 

apply the presumption of validity of the last marriage. When the information 

relating to both parties covers their places of residence for the entire period and 

the statements of the clerks or custodians show that neither party secured a 

divorce or annulment, do not apply the presumption.

B. Other Party's Whereabouts Known - If the other party denies that the marriage 

was terminated, have the applicant submit information with respect to the 

employee similar to that called for in the preceding section.

If the employee's whereabouts cannot be traced for the entire period, apply the 

presumption of validity of last marriage. When the information secured covers the 
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employee's whereabouts for the entire period and the statements of the clerks or 

custodians show no divorce or annulment, do not apply the presumption.

4.3.48 Validity Of Last Marriage When Prior Marriage Subsequently 

Terminated By Divorce

The fact that the prior marriage was terminated after the date the current marriage was 

entered into does not necessarily make the current marriage invalid. In some States, the 

current marriage will become valid after the removal of the impediment. In those States 

where the current marriage does not become valid merely upon removal of the 

impediment, such marriage may still be valid based upon the presumption of validity of 

the second marriage.

When the employee or the claimant was the defendant in the divorce action, it is 

reasonable to assume that the other party did not secure a divorce previously. If the 

employee (still living) was a party to the prior marriage, his statement that no divorce 

had previously been secured is also sufficient to rebut the presumption. However, if the 

employee is deceased, follow the development instructions in sec. 4.3.46.

If the employee or the applicant was the plaintiff in the divorce action to terminate the 

prior marriage, attempt to locate the other party to the marriage. If the other party can 

be located, a statement that (s)he did not secure a divorce or annulment will be 

sufficient to rebut the presumption. If the other party cannot be located, examine the 

divorce or annulment records. If an answer was made to the Bill of Complaint without 

indicating that such prior marriage was previously terminated, that is sufficient to 

determine that the other party did not secure a termination of such prior marriage, and 

the presumption of validity of the last marriage cannot be applied. However, if no 

answer was filed and the other party cannot be located, develop in accordance with sec. 

4.3.46.

4.3.49 Statement From Court Clerk Or D/O As To Search Of Records

The statement G-238a from the court clerk as to the search of the records should be 

signed by such clerk and show:

• The name of the court and county where the court is located; and

• The records searched (i.e., both divorce and annulment records) and whether a 

record of a divorce or annulment is shown; and

• The dates for which these records were searched.

Occasionally, a custodian of the public records will not search his records or will not 

furnish such a report. In these cases, if a D/O employee makes the search he should 

submit a statement covering the above items. He should also indicate his title, D/O 

name, and show that he made the search.
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NOTE: A request for a search of public records by a D/O employee should only be 

made upon the authorization of the section supervisor.

4.3.50 Restrictions On Remarriage After Divorce

Many States provide that one or both parties to a divorce may not remarry for a 

specified period and sometimes impose other restrictions on remarriage. Some States 

have special restrictions; they provide for the imposition of restrictions on remarriage at 

the discretion of the court or jury, or impose restrictions only on the guilty party, or 

impose restrictions only if the divorce is obtained on certain grounds. (See FOM1 Article 

9, Appendix M.) When a restriction on remarriage could have existed as of the date of 

remarriage, the field has instructions to secure a statement either on the application 

form or on a separate sheet as to whether or not such a restriction existed.

A marriage in violation of these restrictions is not necessarily void; in some States it is 

valid and in some it is merely voidable (i.e., valid unless annulled by a court). In some 

jurisdictions, a remarriage outside the State where the divorce was granted may be 

valid even though a remarriage within the State would be void. Even if a remarriage is 

void, a valid marriage may come into being under the laws of some States when the 

restriction expires. Submit doubtful cases to the Bureau of Law.

4.3.51 Final And Interlocutory Decrees Of Divorce And Waiting Period 

A. Final Decree - Interlocutory Decree - Do not confuse a final decree with one that 

requires further action.

• An interlocutory decree and decree nisi are not final decrees of divorce. They 

become final only after a specified period, and in some States, additional 

action is required to make them final.

• If the divorce decree contains the Latin phrase “nunc pro tunc” (now for then) 

and two dates, submit to the attorney advisor to determine the correct date of 

divorce. This is an entry made now for something previously done and has a 

retroactive effect. For example, a judge may issue a “nunc pro tunc” order to 

correct a trial record made earlier. The correction would be considered 

effective from the date of the original record rather than the date of the 

correction.

• If the effective date of the divorce is material to the claim and the correct date 

cannot be determined from the decree, submit to the attorney advisor.

B. Waiting Period After Final Decree of Divorce - The date of divorce is material in 

determining the validity of a later marriage when a waiting period is imposed after 

the divorce. If the date of the divorce is not known, a statement of the 

approximate time the divorce was granted is sufficient. However, there must not 

be any evidence to the contrary in such a case. Include in the file a statement 

showing the basis for the applicant's claim.
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4.3.52 When To Assume No Restriction Imposed

Do not try to find out whether a restriction on remarriage was imposed unless there is a 

reason to believe that one may have been imposed.

In some States, special restrictions may be imposed by the court or jury; if the divorce 

was obtained in such a State, assume no restriction was imposed on a person who has 

remarried, unless the evidence indicates that the restriction may have been imposed or 

that the conditions which require its imposition may have existed. Some States impose 

a restriction only on the defendant, and then only if the divorce was granted on a 

particular ground (e.g., adultery). If the divorce was granted in such a State, find out 

whether the person in question was the defendant and whether divorce was granted on 

that ground.

4.3.53 Development When Restriction Involved

The usual restriction bars marriage to anyone and is for a fixed period. Therefore, when 

the person in question was subject to a restriction, merely find out the dates of divorce 

and remarriage; these dates will show whether the marriage violated the restriction.

In some States, however, the restriction bars remarriage of a defendant only to the 

other party to the defendant's adultery; in some States the restriction lasts as long as 

the other party to the divorce is alive, and in some both these restrictions are combined. 

(See FOM1, Article 9, Appendix M)In these cases, if the person in question was subject 

to the restriction find out if it was violated; that is, find out if the other party to the divorce 

was alive at the time of remarriage or whether the remarriage was to the other party to 

the adultery.

4.3.54 Place Of Divorce Unknown

If the place of divorce is not known, assume that the remarriage did not violate any 

restrictions. However, if the State of employee's domicile imposes a waiting period and 

the available facts indicate that the remarriage would violate that restriction, try to find 

out whether the divorce was obtained in that State. If the place of divorce cannot be 

ascertained and there is no other evidence which casts doubt on the validity of the 

remarriage, assume the remarriage did not violate any restriction.

4.3.55 Advance POM

A. Acceptable Proof Filed Through D/O - The CR uses the Advanced Evidence 

Collection (AEC) screens of the Initial Claims (IC) system to record acceptable 

POM filed before or after an application. The CR will submit a photocopy of the 

evidence or form G-91 as folder documentation. The CR returns original 

evidence to the submitter with an acknowledgment that the document has served 

its purpose. PCS will not prepare an RL-103a in this situation. If the CR indicates 
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the evidence was entered into AEC, PCS will treat the advance POM as "file 

only" correspondence.

B. Proof Not Filed Through D/O Or Requests For Review - The CR will not use AEC 

if headquarters evaluation of evidence is required. PCS will route requests for 

review and direct submissions of advance POM to the adjudication unit. If the 

examiner finds the evidence acceptable, a G-91 should be prepared per RCM 11 

and forwarded to BFS - Program Services Section. Note "AEC" in the Remarks 

section of the G-26. BFS will return the G-91 with a notation of the date the proof 

was entered into AEC. 

If the examiner finds the evidence unacceptable, the D/O should be contacted to 

develop better evidence. Return original documents and acknowledge evidence 

not submitted through the D/O per RCM 4.1.5 - 4.1.6.

4.3.60 Validity of Divorce

A. Validity - A divorce is valid if it was granted by the court in whose jurisdiction at 

least one of the parties was domiciled at the time of the divorce. Assume a 

divorce is valid unless:

• Its validity is challenged by another applicant or potential applicant who offers 

a reasonable basis for his contention of invalidity; or

• Reliable evidence (e.g., official records, statements from one of the parties to 

the divorce or from close relatives) raises a reasonable doubt as to its validity; 

or

• Evidence indicates that at the time of the divorce neither party was a resident 

of the country or State in which the divorce was granted; or

• The divorce allegedly took place in a country whose laws do not permit an 

absolute divorce.

B. Invalidity - The general rule is that a divorce which is valid in the State where it is 

granted will be recognized in other States, but this is not true if the court of the 

State that had granted the divorce did not have jurisdiction. A divorce will be held 

invalid if it is found not valid according to the law of the employee's domicile at 

the time of the employee's death or at the time of filing an application for a wife's 

or husband's annuity. Laws in certain countries do not permit absolute divorce. 

These countries include: Argentina, Brazil, Chile, Columbia, Dominican Republic 

(in the case of Catholic ceremonies performed after 8/5/54), Ireland, Italy (prior to 

1/1/71), Liechtenstein (when either party is a Catholic), Philippines (prior to 1917 

and after 8/29/50), Portugal (in case of Catholic ceremonies performed after 

August 1940), and Spain (except from 3/2/32 through 3/4/38).
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C. Questionable Validity - A divorce granted in a jurisdiction in which neither party is 

domiciled, such as a mail-order divorce, is not valid. Where the plaintiff in a 

divorce action goes to another jurisdiction solely for the purpose of obtaining a 

divorce and did not intend to make his home there, the validity of the divorce is 

questionable. If a divorce is granted by a court in a foreign country where at least 

one of the parties was domiciled as required, the validity is not questioned on this 

basis alone. If the claims folder indicates that either party to a foreign divorce had 

some other connection with that country, it can be assumed that he or she may 

have been a resident of that country, and no additional development is required. 

However, the validity of a foreign divorce should be questioned when a person 

alleges that he or she was divorced in a foreign country and the claims folder 

does not indicate that either party to the divorce had some other connection with 

that country, for example, prior residence in that country lasting until the time of 

the divorce. In such cases, additional development for residence under sec. 

4.3.61 should be undertaken. 

4.3.61 Developing Validity Of Divorce

A. When Development is Required - Any question about the validity of the divorce 

must be resolved if:

1. The applicant is filing for benefits as a divorced wife, a surviving divorced 

wife, or a surviving divorced mother, and (A) another woman has filed as 

the wife of the employee by a later marriage, or (B) the rights of children 

by a later marriage are involved, or (C) the applicant cannot meet the 

requirements for entitlement as a divorced spouse but might be able to 

establish a entitlement as the legal wife or widow; or

2. The divorce is questioned because of the jurisdiction of the court; or

3. There is a technical defect in the proceedings (e.g., decree was not 

recorded properly, court costs not paid, etc.). 

B. Development Required

1. If a divorce is questioned under A1 or A2 above, obtain a certified copy of 

the divorce decree and the following information:

• Identity of the plaintiff in the divorce proceeding;

• Domicile of the parties before the divorce;

• How long each party lived in the State or foreign country where the 

divorce was obtained;

• Reason for establishing residence in that place;
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• Whether the defendant was given notice of the divorce proceeding and 

how;

• Whether the defendant filed an answer in the proceeding or appeared 

in court;

• Whether there was any property settlement; and

• Whether either party remarried.

2. If the divorce is questioned under A3 above, obtain a certified copy of the 

divorce decree and the following:

• A statement from the clerk of court as to whether the records 

substantiate the allegation as to the defect; and

• Certifications of the pertinent court record entries.

4.3.62 Determining Validity Of Divorce

Assume the validity of a divorce unless it is questioned under sections. 4.3.60 or 4.3.61. 

After complete development, refer questions regarding jurisdiction or defects in the 

proceedings to the Attorney Advisor. For information about divorce decrees, see 4.3.51.

4.3.65 Effect Of "Estoppel" To Deny Validity Of Divorce In A Survivor 

Case

A person may, under the law of a particular state, forfeit his or her rights in the estate of 

the deceased employee, if that person has used or relied on or been a party to a 

divorce (between that person and the deceased employee), even if the divorce was 

invalid. If the divorce was invalid, the loss of rights in the estate will not effect that 

person's entitlement under the RRA since, under state law, she or he would still have 

the legal status of widow(er).

However, if there is a competing widow(er) in a casein which the other widow(er) has 

forfeited his or her rights in the estate because of his or her reliance on or participation 

in an invalid divorce, then both widow(er)'s may be entitled to a widow(er)'s annuity:

(1) the applicant who has forfeited his or her rights in the estate of the deceased 

employee because of reliance on or participation in an invalid divorce from the 

employee, but who is, nevertheless, considered to have been validly married to 

him, and

(2) the applicant who married the employee subsequent to the invalid divorce and 

who may obtain rights of a widow(er) in the estate of the deceased employee 

even though not validly married to him at death.
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Any conflicting widow(er) case where there is a possibility of entitlement by both 

applicants should be referred to the General Counsel.

4.3.66 Effect Of Estoppel To Deny Validity Of Divorce In A Retirement 

Case

It is rare that the principle of estoppel would ever operate in a retirement case. 

However, where a spouse has relied on or been a party to an invalid divorce from the 

employee, and the employee has remarried, either or both spouses may be entitled on 

the same basis as described in section 4.3.62. Any case in which competing spouse 

applicants are involved and in which there is a question concerning the validity of the 

divorce from the first spouse should be referred to the General Counsel.

4.3.75 Two Or More Persons Claim Benefits Based On Relationship

Occasionally, conflicting claims are received in a case. Two women may claim to be the 

widow of an employee, or a woman may claim to be the widow but a child or parent files 

for the RLS asserting that the employee was not survived by a widow.

When two applicants claim to be the lawful spouse, the basic fact to ascertain is 

whether a divorce terminated the first marriage. The law of the State of the employee's 

last domicile determines who is responsible for showing this fact. When the State 

applies a presumption in favor of the last marriage, as a general rule, the burden of 

proof is on the spouse alleging the continuation of the prior marriage. Such spouse must 

show that no divorce was secured in those counties in which both (s)he and the 

employee lived and in which the residence requirements and provisions for court 

jurisdiction (venue) would have permitted a divorce action.

When there is no such presumption, the spouse of the last marriage must produce all 

available evidence as to the termination of the first marriage.

4.3.76 Evidence Required Of Spouse Of Previous Marriage

The alleged spouse of the employee's previous marriage must submit proof of the 

previous marriage in addition to the information outlined in the following sections.

A. Spouse's Statement of Marital History - The spouse's statement must include 

the following:

• A brief history of the marital relationship between the spouse and the 

employee (i.e., how long they lived together, the number of children, if any, 

born of the marriage, whether there were any periods of prolonged absence 

or separation, and the cause of any such separation); and

• Why (s)he knows or believes that this marriage was not terminated by 

divorce; and
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• Whether (s)he was served with notice of a divorce proceeding or otherwise 

got notice that the employee was trying to get a divorce; and

• The places the employee lived from the date of their separation up to the 

employee's death, and if there are periods for which (s)he cannot furnish this 

information, (s)he must explain why.

B. Corroboration of Spouse's Statement - In addition to the statement explained in A 

above, the spouse must submit written statements from persons most likely to 

know the facts (friends, relatives, employers of the employee, etc.) showing:

• The places the employee lived from the date of marriage to the applicant to 

the date the employee died; and

• Any information they have about the termination of the marriage; and

• The basis for their knowledge of the facts.

C. Statements From Court Clerks That Employee Did Not Get a Divorce - The 

spouse must show that the employee did not get a divorce by securing 

statements G-238a, to this effect from the court clerks handling divorce cases in 

each county in which the employee lived and where the residence and venue 

requirements would have permitted a divorce. The statements must cover the 

period from the date the employee separated from the applicant to the date the 

employee died.

If a custodian of the public records will not search the records and will not furnish 

a report that the employee did not get a divorce, a D/O employee may search the 

records and submit the statement. However, a request for a search of public 

records by a D/O should only be made upon the authorization of the section 

supervisor.

4.3.77 Evidence Required Of Spouse Of Latest Marriage

A. General - The alleged spouse of the employee's latest marriage must submit a 

certified copy of the divorce decree dissolving the employee's prior marriage. If 

(s)he is unable to submit the divorce decree, the spouse must submit statements 

in accordance with sections B and C below.

B. Spouse's Statement - The statement must show:

• All information the spouse has about the employee's previous marriage, 

particularly as to when, where, and how the marriage terminated;

• That the spouse has no information tending to contradict or discredit any 

statements furnished on the spouse's behalf and knows of no person having 

such information;
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• Places the employee lived during the time the spouse knew the employee, 

including, if known to the spouse, all places the employee lived after 

separating from the previous spouse.

C. Corroboration of Spouse's Statement - In addition to the statement explained in B 

above, the spouse must submit written statement from persons most likely to 

know the facts (friends, relatives, employers of the employee, etc.) showing:

• The places the employee lived from the date of marriage to the latest spouse 

to the date the employee died;

• Any information they have as to the employee's previous marriage and its 

termination;

• The basis for their knowledge of the facts.

NOTE: If the claimant cannot furnish a copy of the divorce decree or the 

statements required in B and C above, (s)he must state the reason why.

4.3.78 Disqualification From Inheriting Personal Property

If the claim is made that an applicant was disqualified from inheriting the employee's 

intestate personal property under the intestacy laws of the State in which the employee 

was last domiciled, informally refer the question to the appropriate attorney advisor.

4.3.79 Decisions In Conflicting Claim Cases

The person properly entitled to benefits may be determined on the basis of a precedent 

opinion or an opinion from the DGC in the particular case.

A. Precedent Legal Opinion - If the person properly entitled to benefits is 

determined on the basis of a precedent legal opinion, incorporate the applicable 

portion of that opinion in the denial letter to the unsuccessful claimant. Also, 

include the name but not the address of the person found to be entitled to the 

benefit.

If an unquestionable determination (beyond a reasonable doubt) regarding the 

proper payee can be made, deny the unsuccessful claimant at the same time you 

submit the case to authorization for payment to the proper payee. However, if 

there is a possibility that the decision in BRC could be changed, deny the 

adverse claimant and advise that payment will not be made for 30 days so that 

(s)he may, if (s)he wishes, submit new or additional evidence to support the 

claim.

If the adversely affected claimant offers new evidence or information in support of 

the claim, submit the case to DGC. If no new evidence or information is received 
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within the 30-day period, submit the case to the DGC asking if payment can be 

made before the end of the appellate period.

B. Submission to DGC - When there is no precedent legal opinion by which to 

determine which claimant is the proper beneficiary, refer the case to the DGC. 

On receipt of the DGC's opinion, deny the unsuccessful claimant (enclosing a 

copy of the legal opinion) and certify payment to the person found entitled.

The DGC may indicate in his opinion on a particular case that decision should be 

withheld for a period to give further opportunity to the unsuccessful claimant to 

submit something more. If the DGC so indicates, notify the claimant adversely 

affected of the name but not the address of the person found entitled. Inform the 

unsuccessful claimant also that payment will not be made for 30 days so that 

(s)he may, if (s)he wished, submit new or additional evidence to support the 

claim. With that letter, enclose a copy of the legal opinion in the case.

If the adversely affected claimant offers new evidence or cites a State law or 

other authority in support of the claim, resubmit the case to the DGC. But if at the 

end of the call-up period the unsuccessful claimant has not offered new or 

additional evidence, deny the claim and certify payment to the person found 

entitled.

Appendices

Appendix B - Common-Law And Similar Marriages

B1. The following is a digest of State laws regarding the recognition of commonlaw marriages.

This information is contained in FOM1 appendix D.

B2. Putative Marriages

Under the laws of some States, the innocent party to a void marriage may acquire 

inheritance rights as a spouse. This relationship is called a putative marriage. The 

essential basis of a putative marriage is a good faith belief in the existence of a valid 

marriage at its inception, and continuing until the spouse's application is filed in a life 

case or until the employee dies in a death case. The marriage may be invalid because 

of some defect of which the putative spouse was unaware, such as a prior undissolved 

marriage of one of the parties, or failure to meet the requirement of solemnization. 

Putative marriages should be distinguished from deemed marriages, discussed in RCM 

section 4.3.15.

A person who maintained a putative marriage with the employee under applicable State 

law and who was then divorced from the employee may qualify as a divorced spouse or 

surviving divorced spouse. The good faith belief must have lasted until a final divorce 

was obtained.
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B3. Arizona

A person who maintained a good faith belief in the validity of a legally invalid marriage is 

accorded certain inheritance rights to property acquired during the course of the 

relationship, and therefore, acquires the status of putative spouse in Arizona. ORSP will 

submit to the General Counsel any case in which either party alleges a putative 

marriage in Arizona. Where the putative spouse learned of the defect in the marriage 

before the time as of which status as a spouse must be established, but the parties

undertook within a reasonable time to legalize their marriage, then the status as a 

spouse continues.

B4. California

Prior to February 4, 1983, where at least one of the parties to an invalid marriage, either 

ceremonial or common-law, entered into the marriage in good faith, believing that it was 

valid, a spouse has status as a putative spouse and inheritance rights as a spouse so 

long as such good faith belief continued. Where the putative spouse learned of the 

defect in the marriage before the time as of which status as a spouse must be 

established, but the parties undertook within a reasonable time to legalize their 

marriage, then the status as a spouse continued.

With one limited exception noted below, a putative marriage based on a common-law 

relationship is no longer recognized in California. This is a change of position effective 

for claim determinations on or after February 4, 1983. A putative marriage can now be 

established only on the basis of an invalid ceremonial marriage.

EXCEPTION: If the parties secured a marriage license but did not go through a 

marriage ceremony, and if they were inexperienced foreigners unfamiliar with U.S. 

customs and California laws, they might have had reason to believe that the license 

alone made them legally married.

ORSP will submit any such case to the General Counsel, after development of the 

statement regarding the parties' good faith belief, their language ability, length of stay in 

the U.S., and general information on the marriage laws in their native country.

B5. Colorado

Any person who has cohabited with another to whom he/she is not legally married, in 

the good faith belief that he/she was married to that person, is a putative spouse, until 

knowledge of the fact that he/she is not legally married terminates his/her status and 

prevents acquisition of further rights. Children born of putative spouses are legitimate. A 

putative spouse acquires the rights conferred upon a legal spouse, whether or not the 

marriage is prohibited under State law, declared invalid, or otherwise terminated by 

court action. If there is a legal spouse or other putative spouses, rights acquired by a 

putative spouse do not supersede the rights of the legal spouse or those acquired by 

other putative spouses.
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A putative marriage may be established in Colorado to give the status of wife or 

husband to a person who applies for benefits as the spouse of a railroad employee on 

or after January 1, 1974, or to give the status of widow or widower to a person who 

applies for benefits as the surviving spouse of a railroad employee who died on or after 

January 1, 1974.

Any case in which either party alleges a putative marriage in Colorado will be submitted 

by ORSP to the General Counsel.

B6. Illinois

Effective October 1, 1977, the Illinois Marriage and Dissolution of Marriage Act provides 

the following with regard to the concept of putative spouse in Illinois:

Any person, having gone through a marriage ceremony, who has cohabited with 

another to whom he/she is not legally married in the good faith belief that he/she was 

married to that person is a putative spouse; until knowledge of the fact that he/she is not 

legally married terminates his/her status and prevents acquisition of further rights. A 

putative spouse acquires the rights conferred upon a legal spouse, whether or not the 

marriage is prohibited or declared invalid under state law. If there is a legal spouse or 

other putative spouse, rights acquired by a putative spouse do not supersede the rights 

of the legal spouse or those acquired by other putative spouses. The provision of Illinois 

law concerning putative marriages does not apply to common-law marriages contracted 

in the State after June 30, 1905.

B7. Louisiana

If at least one of the parties of a ceremonial marriage, or to what one of the parties 

actually believes was a ceremonial marriage, reasonably and in good faith believes that 

the marriage is valid, a putative marriage may be created under Louisiana law. A 

putative marriage, if in force at the death of one party, gives inheritance rights to the 

innocent spouse and any children born of the relationship even though the marriage is 

bigamous or otherwise void.

B8. Minnesota

Any person who has cohabited with another to whom he/she is not legally married, in 

the good faith belief that he/she was married to that person, is a putative spouse until 

knowledge of the fact that he/she is not legally married terminates his/her status and 

prevents acquisition of further rights. A putative spouse acquires the rights conferred 

upon a legal spouse whether or not the marriage is prohibited or declared a nullity.

A putative marriage may be established in Minnesota to give the status of wife, 

husband, widow, or widower to a person who applies for benefits as a spouse or 

surviving spouse on or after March 1, 1979, or who filed an application before March 1, 

1979, that has not yet been finally adjudicated.
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Any case in which a putative marriage is alleged in Minnesota will be submitted by 

ORSP to the General Counsel.

B9. Texas

The one year time limit is satisfied if an applicant seeking to prove a common-law 

marriage:

1. Files an application with the RRB no later than one year after the relationship 

ended (usually the date of separation or death). The determination does not have 

to be made before the end of the time limit; or

2. Submits a favorable determination from a Texas judicial or administrative 

proceeding.

B10. Utah

The one year time limit is satisfied if the determination or establishment of a common 

law marriage occurs during the relationship or within one year following the termination 

of that relationship. To ensure that the determination is timely, develop promptly any 

claim where a Utah common law marriage is alleged.

If a Utah common law marriage has not been proved timely in a Utah proceeding, the 

marriage never existed.