Understanding Deemed Valid Marriages and Social Security Benefits, § 404.346

Navigating the complexities of Social Security benefits can be challenging, especially when it comes to understanding how relationships like marriages can impact eligibility.

In this blog post, we will explore the concept of a “deemed valid marriage” and how it can affect one’s entitlement to Social Security benefits as a wife, husband, widow, or widower.

What is a Deemed Valid Marriage? A deemed valid marriage is a term used by the Social Security Administration (SSA) to describe a marriage that, while not legally valid under state law, is still recognized for the purpose of determining eligibility for benefits. This typically occurs when a couple goes through a marriage ceremony in good faith, but there is a legal impediment that prevents the marriage from being legally valid.

Examples of Legal Impediments:

• A previous marriage that had not ended at the time of the ceremony
• A defect in the procedure followed during the intended marriage, such as a religious ceremony in a country that requires a civil ceremony for a valid marriage

Good Faith Requirement: For a marriage to be deemed valid, it must be established that both parties entered the marriage ceremony in good faith. This means that neither party knew of the legal impediment or, if they did know, they believed it would not prevent a valid marriage.

Entitlement to Benefits: To be entitled to benefits based on a deemed valid marriage, the following conditions must be met:

1. The couple must have been living in the same household at the time of the insured’s death or, if the insured is alive, at the time of applying for benefits.
2. If the couple is no longer living in the same household at the time of the insured’s death, a marriage that had been deemed valid will continue to be deemed valid for benefit entitlement purposes.

Example: Jane and John, both U.S. citizens, traveled to a small, remote island nation for their destination wedding. The local customs called for a beautiful and elaborate religious ceremony, which Jane and John happily participated in. They believed that the ceremony would result in a valid marriage, and they returned to the United States as a married couple.

Several years later, they discovered that the island nation required a civil ceremony in addition to the religious one for a marriage to be legally valid. Since they only participated in the religious ceremony, their marriage was not legally recognized under U.S. or the island nation’s laws. However, Jane and John had entered into the marriage in good faith, unaware of the legal requirement for a civil ceremony.

At this point, if John, the insured, were to pass away or if Jane were to apply for spousal Social Security benefits, their marriage could be considered a “deemed valid marriage.” This is because they went through a marriage ceremony in good faith, but there was a legal impediment (the lack of a required civil ceremony) that prevented their marriage from being legally valid.

As long as Jane and John were living in the same household at the time of John’s death or at the time of Jane applying for benefits, Jane could be entitled to Social Security benefits based on their deemed valid marriage.

In Summary: A deemed valid marriage is a marriage that is not legally valid under state law but is still recognized by the SSA for determining eligibility for Social Security benefits. To qualify for benefits based on a deemed valid marriage, the couple must have been living in the same household at the time of the insured’s death or at the time of applying for benefits. Understanding this concept can help individuals navigate the complexities of Social Security benefits and ensure that they receive the benefits they are entitled to.

https://www.ssa.gov/OP_Home/cfr20/404/404-0346.htm