This memorandum is in response to your request for an opinion regarding whether Jenny
                  L. D~ (Ms. D~) can receive surviving spouse's benefits on the Social Security record
                  of Joe M~, Jr. (Mr. M~). Specifically, you have asked whether the Texas presumption
                  of the validity of the last marriage applies when Ms. D~ was the second of at least
                  four spouses of Mr. M~ and there is no evidence of a divorce between Mr. M~ and his
                  first alleged spouse, Minnie M~ M~ (Ms. M~). If Ms. D~ is not entitled to surviving
                  spouse's benefits, you have asked whether she can receive surviving divorced spouse's
                  benefits on Mr. M~'s record. In our opinion, evidence that Ms. M~ and Mr. M~ never
                  divorced rebuts the presumption of the validity of the later marriage between Ms.
                  D~ and Mr. M~. As a result, the marriage between Ms. D~ and Mr. M~ was void under
                  Texas state law. Since Ms. D~ and Mr. M~ were never validly married, she is similarly
                  ineligible for surviving divorced spouse's benefits.
               
               As we understand the facts, Mr. M~ was entitled to Disability Insurance Benefits from
                  May 1993 until his death, which occurred in Texas on December 8, 1993. There are competing
                  claims for surviving spouse benefits on Mr. M~'s Social Security record. The evidence
                  you provided shows that Mr. M~ had at least four marriages./
               
               On November 2, 1965, Mr. M~ married Ms. M~. Ms. M~ reported that she and Mr. M~ separated
                  in 1970 or 1971. She stated that to her knowledge there was never a divorce. The Social
                  Security Administration (agency) searches of divorce records indicated that divorce
                  proceedings were initiated on two occasions in Galveston, Texas, but a divorce was
                  never finalized.
               
               On March 25, 1970, Mr. M~ married Ms. D~. According to Ms. D~, she and Mr. M~ separated
                  in 1971. She reported that she never divorced Mr. M~ and that Mr. M~ never notified
                  her that he divorced her. Agency searches of divorce records produced no evidence
                  of a divorce between Mr. M~ and Ms. D~.
               
               On December 26, 1974, Mr. M~ married Annie D. H~ (Ms. H~). A child, Lowanda M~ (Lowanda),
                  was born during the marriage. The agency indicates that it received evidence that
                  Mr. M~ and Ms. H~ divorced in June 1979 in Many, Louisiana.
               
               On May 8, 1985, Mr. M~ married Ora T~ (Ms. T~). The marriage ended with Ms. T~'s death
                  on July 9, 1993.
               
               The file contains the following documented evidence:
               1) Mr. M~'s January 28, 1993, Disability Application: At the time of the application,
                  Mr. M~ was living in Texas City, Texas. Mr. M~ stated that he was currently married
                  to Ms. T~. He reported that he had married Ms. T~ on May 8, 1985, in Port Arthur,
                  Texas. Mr. M~ also reported one prior marriage to Virginia (Surname Unknown). He stated
                  that the marriage took place in Port Arthur, Texas in 1969, and that the marriage
                  ended by divorce on an unknown date in Orange, Texas.
               
               2) Mr. M~'s Numident: Mr. M~ was born in Pleasant Hill, Louisiana.
               3) Ms. H~'s March 25, 1994, Application for Surviving Child Benefits for Lowanda:
                  Ms. H~ stated that she and Mr. M~ married in June 1974 in Center, Texas, and divorced
                  about June 1979 in Many, Louisiana. During the marriage, Lowanda was born on October
                  2, 1975, in Seattle, Washington. The agency reviewed divorce papers listing Lowanda
                  as a child of Mr. M~ and Ms. H~.
               
               4) Ms. M~'s January 30, 2002, Application for Widow's Benefits: At the time of her
                  application, Ms. M~ was living in Bossier City, Louisiana. Ms. M~ stated that she
                  and Mr. M~ married on November 2, 1965, in Orange City, Texas. She reported that Mr.
                  M~ had one prior marriage that ended in divorce, but she did not have any further
                  information about the prior marriage. Ms. M~ stated that she and Mr. M~ lived together
                  for eight or nine years before separating. She indicated that she never filed for
                  divorce and never received any notice that Mr. M~ had filed for a divorce.
               
               5) Ms. D~'s August 8, 2005, Disability Application: At the time of her application,
                  Ms. D~ was living in Franklin, Louisiana. Ms. D~ stated that she married Mr. M~ in
                  January 1970 in Orange, Texas. She stated they had separated for 20 years, but had
                  not divorced. She did not know his social security number or have enough information
                  to permit the agency to locate Mr. M~'s record at that time.
               
               6) Ms. D~'s April 2, 2007, Disability Application: Ms. D~'s address had not changed.
                  She stated that she had Mr. M~ had married in January 1964 in Erns, Texas, and had
                  not divorced. Ms. D~ supplied no proof of the marriage.
               
               7) Ms. D~'s July 18, 2007, Retirement Application: Ms. D~'s address had not changed.
                  She stated that she and Mr. M~ married in May 1970. Ms. D~ had no proof of marriage.
                  She reported that Mr. M~ had shot her 25 years before, and she had not seen him since.
                  She stated that to the best of her knowledge she and Mr. M~ were still legally married.
               
               8) Ms. D~'s and Mr. M~'s Marriage Certificate: On March 25, 1970, Mr. M~ and Ms. D~
                  were married before a Justice of the Peace in Orange, Texas.
               
               9) Ms. D~'s Remarks: Ms. D~ stated that she met Mr. M~ in Orange, Texas, around 1968,
                  and he did not state that he had ever been married. She stated that Mr. M~ shot her
                  in Franklin, Louisiana, where they were visiting. Ms. D~ reported that afterward she
                  moved to New Orleans, Louisiana, to get away from him. Ms. D~ stated that Mr. M~ was
                  caught and brought back to Franklin, Louisiana, for trial. She stated she did not
                  know what happened at trial. Ms. D~ reported that she did not divorce him, and Mr.
                  M~ never notified her that he divorced her. The agency noted that Mr. M~ died domiciled
                  in Texas City, Texas.
               
               10) Report of Contact with Ms. M~: Ms. M~ stated that she married Mr. M~ in Orange,
                  Texas, on November 2, 1965. She reported that they moved to Galveston, Texas, where
                  their two children were born. Ms. M~ stated that they moved to Starks, Louisiana,
                  around 1969. She reported that she and Mr. M~ separated in 1970 or 1971. Ms. M~ reported
                  that she then moved to Homer, Louisiana, and she believed that Mr. M~ moved to Orange,
                  Texas. She stated that she saw Mr. M~ in the late 1970s or early 1980s in Shreveport,
                  Louisiana, where he was then living and working. Ms. M~ stated that Mr. M~ told her
                  they were still married and that he had no intention of ever seeking a divorce from
                  her. Ms. M~ indicated that Mr. M~ did not mention any other marriages. She indicated
                  that her sister, who lived in Orange, Texas, told her Mr. M~ later moved back to Orange,
                  Texas. Ms. M~ reported that she moved to Bossier City, Louisiana in October 1990.
                  She stated as far as she knew, she and Mr. M~ were still married at the time of his
                  death.
               
               11) Divorce Records Searches: The agency requested divorce records searches between
                  Mr. M~ and Ms. M~ from 1965 through 1993 and between Mr. M~ and Ms. D~ from 1970 through
                  1993 in the following areas:
               
               a) Homer, Louisiana: Neither the Claiborne Parish nor Webster Parish Clerks of Courts
                  had records of divorce between Mr. M~ and Ms. M~ or Ms. D~.
               
               b) Shreveport, Louisiana: The Parish clerk found no divorce records.
               c) Bossier City, Louisiana: The Parish clerk found no divorce records.
               d) Starks, Louisiana: No divorce documents were found for either party.
               e) Pleasant Hill, Louisiana: The Sabine Parish Clerk of Court verified that there
                  were no records of divorce between Mr. M~ and Ms. M~ or Ms. D~.
               
               f) Galveston, Texas: There were two divorce actions filed between Mr. M~ and Ms. M~,
                  but neither party followed through. Thus, the divorce was never finalized. There was
                  no record of a divorce between Mr. M~ and Ms. D~.
               
               g) Orange County, Texas: There was no record of a divorce for either party.
               h) Seattle, Washington: The agency was unable to obtain records from King County.
                  The agency concluded that it was unlikely that Mr. M~ would have obtained a divorce
                  with any of the parties in Seattle, Washington, and, thus, did not request further
                  search of these records.
               
               i) Jefferson County, Texas: There was no record of a divorce for either party.
               12) Divorce Records Search: The agency requested divorce records searches between
                  only Mr. M~ and Ms. M~ from 1965 through 1993 in the following areas:
               
               a) Center, Texas: There was no record of divorce in Shelby County.
               b) Franklin, Louisiana: There was no record of divorce in St. Mary Parish.
               13) Divorce Records Search: The agency requested divorce record searches between only
                  Mr. M~ and Ms. D~ from 1970 through 1993 in the following areas and counties:
               
               a) Franklin, Louisiana: There was no record of divorce in St. Mary Parish.
               b) Center, Texas: There was no record of divorce in Shelby County.
               c) Rayne, Louisiana: The Lafayette Perish Clerk of Court found no divorce record.
               d) Orleans Parish, Louisiana: There were no divorce records located.
               14) Marriage Records: The agency requested the following marriage record searches:
               a) Shelby County, Texas: Mr. M~ and Ms. H~ married on December 26, 1974.
               b) Orange County, Texas, Online Search: Mr. M~ and Ms. D~ married on March 25, 1970.
               c) Orange County, Texas, Volume Search: Mr. M~ and Ms. M~ married on November 2, 1965.
               The Social Security Act provides that a claimant is entitled to surviving spouse's
                  benefits if she is the number holder's widow and meets the other requirements for
                  eligibility. 42 U.S.C. § 402(e)(1) (2009); 20 C.F.R. § 404.335(a) (2009)./ A claimant
                  can meet this relationship requirement if she and the number holder were validly married
                  under state law at the time the number holder died. See 42 U.S.C. § 416(h)(1)(A)(i) (2009); 20 C.F.R. § 404.345 (2009). In addition, a claimant
                  can meet the relationship requirement if she would be able to inherit a wife's share
                  of the number holder's personal property under state law if the number holder were
                  to die without leaving a will. 20 C.F.R. § 404.345 (2009). The controlling law is
                  the law of the state where the number holder had a permanent home at the time of his
                  death. Id.  Permanent home means the number holder's true and fixed home or legal domicile. 20
                  C.F.R. § 404.303 (2009). In this case, Mr. M~ died while domiciled in Texas. Thus,
                  Texas law is controlling.
               
               Every marriage entered into in Texas is presumed valid unless expressly void or expressly
                  voidable and the marriage is annulled. Tex. Fam. Code Ann. § 1.101 (Vernon 2009).
                  Under Texas law, a marriage is void if it is "entered into when either party has an
                  existing marriage to another person that has not been dissolved by legal action or
                  terminated by the death of the other spouse." Tex. Fam. Code Ann. § 6.202 (Vernon
                  2009). Here, Ms. D~'s marriage to Mr. M~ was later than Ms. M~'s marriage to Mr. M~.
                  The evidence shows Ms. D~ married Mr. M~ on March 25, 1970, in Orange County, Texas.
                  The agency's search of divorce records uncovered no evidence of a divorce between
                  Ms. D~ and Mr. M~. However, the agency obtained evidence that Ms. M~ married Mr. M~
                  five years before his marriage to Ms. D~, on November 2, 1965, in Orange County, Texas.
                  The agency found no record of a finalized divorce between Ms. M~ and Mr. M~. Thus,
                  Ms. D~ and Mr. M~ entered into their marriage at a time when Mr. M~ was married to
                  Ms. M~. This preexisting marriage between Ms. M~ and Mr. M~, if sufficiently proven,
                  would render the later marriage between Ms. D~ and Mr. M~ void.
               
               The presumption of the validity of the most recent marriage is one of the strongest
                  presumptions under Texas law. Texas Employer's Ins. Ass'n. v. Elder, 282 S.W.2d 371, 373 (Tex. 1955). When two or more marriages of a person to different
                  spouses are alleged, the most recent marriage is presumed to be valid as against each
                  prior marriage until the validity of a prior marriage is proven. Tex. Fam. Code Ann.
                  § 1.102 (Vernon 2009). The presumption increases over time, by the spouses' acknowledgments
                  of the marriage, and by the births of children. See Texas Employer's  Ins. Ass'n, 282 S.W.2d at 373. The burden of proving that the most recent marriage is invalid
                  is on the party seeking to invalidate the marriage. Tex. Fam. Code Ann. § 1.101 (Vernon
                  2009). Here, we have evidence and allegations that Mr. M~ married several different
                  spouses without obtaining a divorce. Because the agency received competing claims
                  for surviving spouse benefits from Ms. M~ and Ms. D~, we consider the validity of
                  these two marriages./ Because Ms. D~'s marriage to Mr. M~ is more recent than Ms.
                  M~'s marriage to Mr. M~, Ms. M~ has the burden of proving that she was married to
                  Mr. M~ at the time he married Ms. D~ and that neither she nor Mr. M~ obtained a divorce
                  from the other. See Chandler  v. Chandler, 991 S.W.2d 367, 393 (Tex. App. El. Paso, 1999). The agency conducted a volume search
                  of the marriage records in Orange County, Texas, and located the marriage license
                  for Ms. M~ and Mr. M~. In addition, the agency conducted searches of the divorce records
                  in each Texas county or Louisiana parish where either Ms. M~ or Mr. M~ were known
                  to reside. The agency found no divorce record. Ms. M~ was not required to "prove the
                  non-existence of a divorce or annulment in every jurisdiction where such proceedings
                  could have been possible, but only where the parties might reasonably have been expected
                  to have pursued them." Medrano v. State  of Texas, 701 S.W.2d 337, 341 (Tex. App. 1985). Thus, the evidence would suggest that Ms.
                  M~ and Mr. M~ were never divorced.
               
               Mr. M~'s statements on his disability application suggested that he had resided in
                  the following Texas counties: Galveston, Jefferson, and Orange. He was born in Pleasant
                  Hill, Louisiana, within Sabine Parish. The agency discovered that two divorce actions
                  were filed in Galveston County between Mr. M~ and Ms. M~, but neither divorce was
                  finalized. In Texas, a marriage can only be dissolved by court decree or death; there
                  is no common-law divorce. Estate  of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981). The divorce action filings in Galveston County did not
                  result in a court decree granting a divorce. Thus, the filings did not dissolve the
                  marriage between Ms. M~ and Mr. M~. The agency's search of the divorce records in
                  Jefferson County, Orange County, and Sabine Parish also established that there had
                  been no divorce between Ms. M~ and Mr. M~.
               
               Ms. H~' application for surviving child benefits on Lowanda's behalf stated that she
                  and Mr. M~ married in Center, Texas, within Shelby County, Texas. The agency found
                  no record of divorce between Ms. M~ and Mr. M~ in Shelby County. Ms. H~ also reported
                  that Lowanda was born in Seattle, Washington, within King County. The agency was unable
                  to search the divorce records in King County, but concluded that it was unlikely that
                  Mr. M~ obtained a divorce from Ms. M~ in that county. Ms. M~ was only required to
                  prove the non-existence of a divorce in jurisdictions where the parties might reasonably
                  have been expected to pursue them. Medrano, 701 S.W.2d at 341. According to statements the agency provided, Mr. M~ was a truck
                  driver who traveled across the country, but there is no evidence that he changed his
                  residence outside of Texas or Louisiana. Because there is no evidence indicating that
                  Mr. M~ ever resided in Seattle, Washington, it would not be reasonable to expect that
                  he would have obtained a divorce there. Thus, the unavailability of a divorce record
                  search from King County, Washington does not affect this case.
               
               Ms. M~ reported that she has lived in following areas: Orange County, Texas; Galveston
                  County, Texas; Starks Parish, Louisiana; Claiborne Parish, Louisiana; Webster Parish,
                  Louisiana; and Bossier City, Louisiana. In addition, she stated that she was aware
                  that Mr. M~ lived in Orange County, Texas, and Bossier City/Shreveport, Louisiana,
                  after their separation. The agency's search of these areas showed that neither party
                  obtained a divorce in any of these jurisdictions.
               
               Ms. D~ indicated that she and Mr. M~ had married in Orange County, Texas. As noted
                  above, the agency's search of the divorce records in Orange County, Texas, established
                  that neither Ms. M~ nor Mr. M~ obtained a divorce in that county. Ms. D~ stated that
                  after Mr. M~ shot her, he was arrested and brought to jail in Franklin, Louisiana.
                  The agency's search of divorce records in St. Mary's Parish, Louisiana, where Franklin,
                  Louisiana, is located, showed no divorce between Ms. M~ and Mr. M~. Ms. D~ had no
                  other information about where Mr. M~ might have lived, as she had no further contact
                  with him.
               
               Based on the evidence presented, we conclude that the agency has searched the divorce
                  records in every jurisdiction where Ms. M~ or Mr. M~ might reasonably have obtained
                  a divorce. See Medrano, 701 S.W.2d at 341. The evidence establishes that Mr. M~ was married to Ms. M~ at
                  the time that he married Ms. D~, and that neither Mr. M~ nor Ms. M~ ever divorced
                  the other. Once evidence is presented that the previous marriage was not dissolved,
                  determining whether the presumption of validity of the last marriage applies is a
                  factual decision. See Bailey-Mason v. Mason, 122 S.W.3d 894, 898 (Tex. App. 2003). Here, Mr. M~ did not acknowledge his marriage
                  to Ms. M~ or Ms. D~ in his disability application. However, Ms. M~ reported that she
                  spoke with Mr. M~ in the late 1970s or early 1980s and that he acknowledged that they
                  were still married. Mr. M~ also fathered two children with Ms. M~ and no children
                  with Ms. D~. A spouse's acknowledgments of the marriage and the births of children
                  are factors to consider in determining whether the presumption applies. See Texas Employer's Ins. Ass'n, 282 S.W.2d at 373. We conclude that the evidence that Ms. M~ and Mr. M~ did not
                  divorce rebuts the presumption of validity of the marriage between Ms. D~ and Mr.
                  M~. Because the marriage between Ms. D~ and Mr. M~ was void, Ms. D~ was not Mr. M~'s
                  spouse under Texas law.
               
               Ms. D~ also does not alternatively qualify as Mr. M~'s surviving spouse as an individual
                  who could inherit a wife's share of Mr. M~'s personal property under Texas intestate
                  succession laws. 20 C.F.R. § 404.345 (2009). Even though a marriage may be void because
                  of the existence of a prior marriage, Texas recognizes a putative marriage as giving
                  certain property rights to a spouse that enters into the marriage in good faith. See Garduno v.  Garduno, 760 S.W. 2d 735, 738-39 (Tex. App. - Corpus Christi 1988, no writ); see also Consolidated Underwriters v. Kelly, 15 S.W.2d 229 (Tex. Comm'n. App. 1929, judgm't adopted). Good faith requires that
                  the putative spouse be unaware of the cause that prevents a valid marriage. Dean v. Goldwire, 480 S.W.2d 494, 496 (Tex. App. - Waco 1972, writ denied). Here, Ms. D~ reported
                  that she was unaware that Mr. M~ had ever been married prior to their marriage. Thus,
                  she could potentially qualify as a putative spouse.
               
               Her status as a putative spouse, however, would not permit her to inherit Mr. M~'s
                  intestate property. Under Texas law, a putative spouse is allowed the same right in
                  property acquired during the marital relationship as if she were a lawful spouse.
                  Davis  v. Davis, 521 S.W.2d 603, 606 (Tex. 1975). However, this property right extends only to her
                  own one-half community or joint tenancy interest in property the couple acquired during
                  the putative marriage. It does not entitled the putative spouse to inherit any share
                  of the decedent's one-half property interest. Hammond v. Hammond, 108 S.W. 1024 (Tex. Civ. App. 1908). Even though Ms. D~ may qualify as a putative
                  spouse, she cannot inherit a wife's share of Mr. M~'s intestate property under Texas
                  law. Thus, she cannot qualify for surviving spouse benefits under Mr. M~'s record.
               
               Finally, we conclude that Ms. D~ cannot qualify for surviving divorced spouse benefits
                  under Mr. M~'s record. An individual may be entitled to surviving divorced spouse's
                  benefits if she is the number holder's surviving divorce spouse and meets the other
                  requirements for eligibility. 42 U.S.C. § 402(e)(1) (2009); 20 C.F.R. § 404.336 (2009)./
                  A claimant can meet this relationship requirement if she and the number holder were
                  validly married under state law or were deemed to be validly married under state law.
                   See 42 U.S.C. § 416(h)(1)(A)(i) (2009); 20 C.F.R. §§ 404.336, 404.345, 404.346 (2009).
                  The standard for the validity of a marriage under state law is the same for surviving
                  spouse benefits and surviving divorced spouse benefits. 20 C.F.R. § 404.345 (2009).
                  Because Ms. D~'s marriage to Mr. M~ was void under Texas state law, she cannot establish
                  that she was ever validly married to him. Ms. D~ also cannot satisfy the requirements
                  of a deemed valid marriage because this requires that the number holder and the deemed
                  spouse be living in the same household at the time of the number holder's death. Ms.
                  D~ acknowledged that she had not seen Mr. M~ for at least 25 years. Thus, she was
                  never validly married or deemed validly married to Mr. M~ and cannot qualify for surviving
                  divorced spouse benefits under his record.
               
               In conclusion, it is our opinion that Ms. D~ cannot qualify for surviving spouse benefits
                  or surviving divorced spouse benefits on Mr. M~'s record.
               
               Michael M~ 
 Regional Chief Counsel
               
               By: ___________________________
James D. S~ 
Assistant Regional Counsel