QUESTION
               You asked whether a claimant, who married another individual in Arkansas on July 17,
                  1986, but whose Illinois divorce from the number holder did not become final until
                  August 15, 1986, is unmarried for determining the claimant's eligibility for widow's
                  insurance benefits (WIB) on the number holder's earnings record as a surviving divorced
                  wife of the number holder, who died while domiciled in Florida.
               
               OPINION
               The claimant is not unmarried for determining her eligibility for WIB on the number
                  holder's earnings record because the Social Security Administration (SSA) would deem
                  the claimant's marriage to another individual valid.
               
               BACKGROUND
               According to the information provided, R~ (Claimant), who was born on November, married
                  R~, the number holder (NH), on August 10, 1957, in Illinois.  On April 23, 1985, Claimant
                  filed a petition for divorce in an Illinois court, but the court dismissed the petition
                  on December 2, 1985. On June 26, 1986, NH filed a petition for divorce in an Illinois
                  court.  Court records show Claimant attended pre-trial conference in July 1986, but
                  Claimant alleges she moved to Arkansas after filing for divorce and did not return
                  to Illinois for any proceedings. Claimant reported her attorney told her in July 1986
                  that he had taken care of the divorce. On July 17, 1986, when she was forty-seven
                  years old, Claimant married another individual, M~, in Arkansas, purportedly based
                  on her attorney's statements in July 1986. On August 15, 1986, the Illinois court
                  issued a judgment of divorce. 
               
               On May 20, 2014, NH died while domiciled in Florida. Claimant reported she did not
                  learn of the date when her divorce from NH had become final until she secured certified
                  copies of the divorce decree in August 2014.  On September 23, 2014, Claimant applied
                  for WIB on NH's earnings record as NH's surviving divorced wife. Claimant reported
                  in her application that she was married to M~. Claimant currently resides in Arkansas
                  and receives old-age insurance benefits on her own earnings record. SSA has concluded
                  the relationship between Claimant and M~ satisfies the criteria for a deemed marriage
                  under Social Security law.
               
               DISCUSSION
               A claimant may be eligible for WIB if she is a surviving divorced wife of an individual
                  who died fully insured. See Social Security Act (Act) § 202(e)(1); 20 C.F.R. § 404.336(a) (2014). [1] A claimant may qualify as a "surviving divorced wife" of an insured individual if
                  her marriage to the insured individual was valid under the laws of the State where
                  he was domiciled when he died. See Act § 216(d)(2), (h)(1)(A)(i); 20 C.F.R. §§ 404.336(a)(1), 404.345. If the claimant
                  is not (and is not deemed to be) the surviving divorced wife of the insured individual
                  under State law, but the claimant establishes to the satisfaction of the Commissioner
                  that she in good faith went through a marriage ceremony with the insured individual
                  resulting in a purported marriage between them which, but for a legal impediment not
                  known to the claimant at the time of such ceremony, would have been a valid marriage,
                  and the claimant and the insured individual were living in the same household when
                  the insured individual died, then the purported marriage shall be deemed a valid marriage
                  for determining the claimant's eligibility for WIB. See Act § 216(h)(1)(B)(i); 20 C.F.R. §§ 404.336(a)(1), 404.346; Program Operations Manual
                  System (POMS) GN 00305.055A.1. A surviving divorced wife may qualify for WIB on the insured individual's earnings
                  record if, in relevant part, she is not married. [2] See Act § 202(e)(1)(A); 20 C.F.R. § 404.336(e).
               
               Claimant's marriage to, and divorce from, NH are not at issue in this matter. The
                  evidence provided indicates Claimant was validly married to NH in Illinois and their
                  marriage ended in divorce on August 15, 1986, in Illinois.  The issue in this matter
                  is whether Claimant's marriage to M~ is a valid marriage that would render Claimant
                  married for determining her eligibility for WIB on NH's earnings record as a surviving
                  divorced wife of NH.
               
               The Act and regulations do not expressly address which law applies to determine a
                  claimant's marital status to an individual other than the number holder. However,
                  subsumed within the question of whether a claimant is entitled to WIB on the number
                  holder's earning record as a surviving divorced wife is the question of whether the
                  claimant was married to another individual.  Therefore, we infer from the Act and
                  regulations on which State law determines marital status that the law of the State
                  in which a number holder was domiciled when he died would also determine the claimant's
                  marital status to another individual. See, e. g., Smith v. Heckler, 707 F.2d 1284, 1285 (11th Cir. 1983) (stating "appropriate criterion for evaluating
                  a claimant's eligibility for widow's insurance benefits is determined according to
                  the law of the insured's domicile at the time of his death" and analyzing claimant's
                  marital status at the time of number holder's death under the law of the number holder's
                  domicile).  Similarly, we infer from the Act and regulations that if the claimant
                  is not (and is not deemed to be) validly married under State law, SSA may determine
                  the claimant's marital status to another individual using the Act and regulatory provisions
                  regarding federal deemed marriages. See Act § 216(h)(1)(B)(i); 20 C.F.R. §§ 404.336(a)(1), 404.346.
               
               In determining a claimant's marital status, SSA generally looks to the deemed-marriage
                  provisions before determining the legality of a relationship under State law. See POMS GN 00305.055C.1. SSA has concluded the relationship between Claimant and M~ satisfies the criteria
                  for a deemed marriage under Social Security law. Claimant provided an Arkansas marriage
                  license and certificate showing she and M~ went through a marriage ceremony resulting
                  in a purported marriage. The evidence also indicates Claimant went through the marriage
                  ceremony with M~ in good faith, not knowing of the possible legal impediment.  Claimant
                  reported her attorney told her in July 1986, before she married M~, that he had taken
                  care of the divorce. Claimant also reported she did not learn of the date when her
                  divorce from NH had become final until in August 2014, more than thirty years after
                  she went through the marriage ceremony with M~. Thus, Claimant did not know of the
                  possible legal impediment at the time of the marriage ceremony and believed her marriage
                  to M~ was valid. Finally, nothing in the record indicates Claimant and M~ were not
                  living in the same household. Therefore, based on Act § 216(h)(1)(B)(i), 20 C.F.R.
                  § 404.346, and POMS GN 00305.055, we concur with SSA's determination that the relationship between Claimant and M~
                  satisfies the criteria for a deemed marriage under Social Security law.
               
               CONCLUSION
               Claimant is not unmarried for determining her eligibility for WIB on NH's earnings
                  record. 
               
               Sincerely,
               Mary Ann Sloan
               Regional Chief Counsel
               By: ________________
                Brian C. Huberty
                Assistant Regional Counsel