20 CFR 222.11
§ 222.11 Determination of marriage relationship.
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 222.11, § 222.11 Determination of marriage relationship, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/77322
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.