Code of Federal Regulations (alpha)

CFR /  Title 20  /  Part 222  /  Sec. 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 Sec. 222.12) or

(2) The employee and claimant live together in a common-law marriage relationship which is recognized under applicable State law (see Sec. 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 Sec. 222.14.