20 C.F.R. § 222.11   Determination of marriage relationship.


Title 20 - Employees' Benefits


Title 20: Employees' Benefits
PART 222—FAMILY RELATIONSHIPS
Subpart B—Relationship as Wife, Husband, or Widow(er)

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§ 222.11   Determination of marriage relationship.

A claimant will be considered to be the husband, wife, or widow(er) of an employee if the law of the State in which the employee has or had a permanent home would recognize that the claimant and employee were validly married, or if a deemed marriage is established.

(a) Generally, State courts will find that a claimant and employee were validly married if—

(1) The employee and claimant were married in a civil or religious ceremony (see §222.12) or

(2) The employee and claimant live together in a common-law marriage relationship which is recognized under applicable State law (see §222.13), and no impediment to the marriage existed at the time it took place.

(b) A deemed marriage relationship may be established as described in §222.14.

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