20 CFR 222.11 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (§ 1.1 To Parts 376-399) — Railroad Retirement Board (§ 200.1 To Parts 376-399) — Regulations Under The Railroad Retirement Act (§ 201.1 To § 295.7) — Family Relationships (§ 222.1 To § 222.58) — Relationship As Wife, Husband, Or Widow(Er) (§ 222.10 To § 222.18) — Determination of marriage relationship.

4 Aug 2016

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.

20 CFR 222.11