The law of the place where a marriage occurred ordinarily determines the validity of a marriage. If the marriage is valid in the state where celebrated, other states usually recognize the marriage to be valid. However, even though the marriage was valid where it was celebrated, it may be void in the state of the worker's domicile if it violates the law or public policy of that state. See GN 00305.001B for definitions of state and domicile.

Examples of marriages that might violate the law or public policy of the worker’s state of domicile are marriages involving people under a certain age, polygamous marriages, or when recognition is otherwise prohibited by the Uniform Marriage Evasion Act. For more information about this Act and which states it applies to, refer to GN 00305.155. For more information about proof of marital relationships and when states recognize or do not recognize a marriage, refer to GN 00305.000 et seq.

Some states may consider a foreign polygamous marriage contracted in a jurisdiction that recognizes such marriages valid to the extent that the spouses share equally in the intestate personal property of the worker. Obtain a legal opinion following instructions in GN 01010.815 if the claim is based on a foreign polygamous marriage and no applicable legal opinion is published in PR 05300.000.

Most states require that persons who intend to contract a ceremonial marriage obtain a license. However, a marriage could be valid under state law even if the parties did not obtain a license.

For more information about determining marital status for same-sex relationships, refer to GN 00210.000.