QUESTION PRESENTED
For purposes of determining C~ (Claimant’s) entitlement to the lump-sum death payment
(LSDP) and a disability benefit underpayment under Title II of the Social Security
Act (Act) as the widow of the deceased number holder T~ (NH), you asked whether the
Claimant and the NH were validly married under Louisiana law on February xx, 2020,
given concerns about whether the NH’s health impacted his ability to consent to the
marriage entered one day before his death on March x, 2020.
ANSWER
We believe a Louisiana court would find that the Claimant has proven that she had
a valid ceremonial marriage to the NH by providing a completed and recorded marriage
certificate showing their participation in a marriage ceremony officiated by a minister
and before two witnesses on February xx, 2020. Even assuming there is sufficient evidence
of the NH’s lack of consent given his deteriorating health, a lack of consent renders
a marriage a relative nullity under Louisiana law, which means that it is valid unless
and until declared null by a court. There is no information that a court declared
their marriage null. Therefore, as they were validly married under Louisiana law on
February xx, 2020 and at the time of the NH’s death on March x, 2020, we believe there
is legal support for the agency to find that the Claimant is the NH’s widow for purposes
of determining her entitlement to the LSDP and the disability benefit underpayment
on the NH’s record.
BACKGROUND
The NH applied for disability benefits and on February x, 2020, the agency notified
the NH that he was awarded disability benefits effective November 2018. The NH died
of cancer in his home on March x, 2020, while domiciled in Louisiana. His Louisiana
death certificate shows his address in Vinton, Louisiana, and his marital status at
the time of death as married. The informant for the death certificate is the Claimant,
who identified herself as his wife.
On March xx, 2020, the Claimant filed an application for the LSDP on the NH’s record.
On May xx, 2020, the Claimant filed a request for the NH’s disability underpayment
as his widow. The Claimant stated that she and the NH had a ceremonial marriage on
February xx, 2020, in Vinton, Louisiana. She submitted a Louisiana marriage certificate
in support of their marriage.
The Louisiana marriage certificate identifies the NH and the Claimant as the groom
and bride and lists the address for both the NH and the Claimant as Hilary Drive,
Vinton, Louisiana. The marriage certificate provides information about the marriage
license. The deputy clerk for Lake Charles, Calcasieu Parish, Louisiana issued the
marriage license on February xx, 2020, at 12:20pm. The license expiration date was
listed as March xx, 2020, 12:20pm. The marriage certificate provides information about
the marriage ceremony. The certificate reflects that K~, a minister, married the NH
and the Claimant on February xx, 2020, at 7:00pm. There are four signatures on the
marriage certificate in addition to the minister’s signature – the NH (T~), the Claimant
(C~), and two witnesses (C~ and C~). The marriage certificate provides information
about the recording of the marriage certificate and reflects that the completed marriage
certificate was returned and filed in the records of Lake Charles, Calcasieu Parish,
Louisiana on March x, 2020.
You advised that the agency compared the NH’s signature on the marriage certificate
with the NH’s signatures on documents in the claims file and believed there to be
a difference. You also advised that the NH’s son stated that he was unaware of the
marriage and that his father was so sick that he could not speak, move, or care for
himself. Further, you advised that the NH’s son and daughter applied for the disability
benefit underpayment on the NH’s record as well.[1]
ANALYSIS
A. Federal Law: Widow(er) under the Act for the LSDP and Underpayment
To be entitled to the LSDP under Title II of the Act, a claimant must establish that
he or she is the widow(er) of an individual who died fully or currently insured, and
he or she was living in the same household as the insured individual at the time of
the insured’s death.[2] See 42 U.S.C. § 402(i); 20 C.F.R. §§ 404.390, 404.391.
If an individual who has been underpaid dies before receiving his or her Title II
benefit payment, the agency will distribute the underpayment to the living person
in the highest order of priority, which begins first with the deceased individual’s
widow(er) if they were living in the same household at the time of death, or if the
widow(er) was entitled to a monthly benefit on the record of the deceased individual.
See 42 U.S.C. § 404(d)(1); 20 C.F.R. § 404.503(b)(1); Program Operations Manual System
(POMS) GN 02301.030.
The agency will find that a claimant is an insured individual’s widow(er) if the courts
of the State in which the insured individual resided at the time of death would find
that the claimant and the insured individual were validly married at the time such
insured individual died, or if, under application of that State’s intestate succession
laws, the claimant would be able to inherit a spouse’s share of the insured’s personal
property. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. §§ 404.344, 404.345. Here, the evidence
shows that NH resided in Louisiana at the time of his death. We therefore look to
Louisiana law to determine whether the Claimant is the NH’s widow.
B. State Law: Valid Marriage under Louisiana Law at the Time of NH’s Death
1. Marriage Certificate as Primary Evidence of the Marriage
In support of her marriage to the NH, the Claimant provided a completed and recorded
Louisiana marriage certificate. Louisiana law provides that the fact of marriage
can be proven through direct (primary) and circumstantial (secondary) evidence. See
Boykin v. Jenkins, 140 So. 495, 497 (La. 1932); Mazzei v. Gruis, 55 So. 555, 556 (La.
1911); see also Johnson v. Hogan & Winchester Transfer Co., 171 So. 467, 468 (La.
Ct. App. 1936) (“[O]nce the party alleging the marriage contract has shown his or
her inability to produce the marriage license or certificate, some other written document,
secondary proof in the way of oral testimony will be received, and if found strong
and reliable enough, will be accepted as proof of the contract.”). A marriage certificate
is considered primary evidence of a marriage. See Succession of Gaudinse, 175 So.
595, 598 (La. 1937) (the parties had been unable “to produce the primary evidence
[of their marriage ceremony] consisting of the marriage certificate” and thus secondary
evidence was admissible); Succession of Gibson, 173 So. 185, 188-189 (La. 1937) (certified
copy of the marriage certificate showed that the couple was married); Chaisson v.
State, Department of Health and Hospitals through Registrar of Vital Records, 239
So.3d 1074, 1079 (La. Ct. App. 2018) (the Registrar properly amended the child’s birth
certificate to name the mother’s same-sex spouse as the child’s other parent based
upon the marriage license showing that the mother and spouse were married at the time
of the child’s birth).[3]
Thus, the Claimant has provided a marriage certificate as primary evidence to prove
her marriage to the NH under Louisiana law. Having provided evidence of a valid marriage,
the burden then shifts to those who object to its validity. See Succession of Giordano,
194 So. 577, 578 (La. 1940). The agency has concerns about the underlying validity
of the marriage given the NH’s son’s statements about the NH’s health issues and death
the day after their marriage. We further consider the requirements for a valid marriage
under Louisiana law.
2. Requirements for a Valid Marriage
Under Louisiana law, a marriage is a legal relationship between spouses that is created
by a civil contract, and the relationship and contract are subject to certain rules
set forth in the law. See La. Civ. Code Ann. art. 86. The law regarding marriage in
Louisiana can be found in articles 86 through 101 of the Louisiana Civil Code and
sections 201 through 298 of the Louisiana Revised Statutes. See La. Civ. Code Ann.
arts. 86 – 101; La. Rev. Stat. Ann. §§ 9:201 – 9:298. The requirements for a valid
marriage contract under Louisiana law are:
• the absence of a legal impediment,
• a marriage ceremony, and
• the free consent of both parties to be married as expressed at the ceremony.
La. Civ. Code Ann. art. 87.
Although the law sets forth other criteria for a marriage, including those pertaining
to the filing an application for a marriage license, a waiting period, issuance of
a marriage license, the presence of two witnesses at the marriage ceremony, the return
of the certificate for filing, and other formalities, the law provides that the only
mandatory requirements for a valid marriage are those identified in article 87. See
La. Civ. Code Ann. art. 87, Revision Comments – 1987 (c) (“the only essential ‘formal’
prerequisite to a valid marriage is a ceremony”). Louisiana “courts are reluctant
to invalidate a marriage, and they will not do so unless the law and the facts clearly
indicate that it should be annulled. Jurisprudence has been established to the effect
that the articles of the Civil Code providing the manner and form in which marriages
are to be contracted and celebrated are merely directory to the celebrant, and that
the failure to technically observe these formalities does not strike the marriage
with nullity.” Tennison v. Nevels, 965 So.2d 425, 427 (La. Ct. App. 2007) (where all
of the legal requirements for a valid marriage were present per La. Civ. Code Ann.
art. 87, a defect in the marriage ceremony involving the two witnesses present per
La. Rev. Stat. Ann. § 9:244 did not invalidate the marriage); see also Duvigneaud
v. Loquet, 59 So. 992, 993-994 (La. 1912) (finding that the duly celebrated marriage
was not null because the wife failed to sign the marriage certificate, which was signed
by the husband and the priest who performed the marriage ceremony); Landry v. Bellanger,
45 So. 956, 957 (La. 1908) (if unmarried parties “go through the ceremony of a marriage
freely before a priest and three witnesses, intending to marry….it is a marriage,
even though no license was ever issued and no act of marriage ever drawn up”); Parker
v. Saileau, 213 So.2d 190, 191-193 (La. Ct. App. 1968) (the lack of the required number
of witnesses at the ceremony, the lack of signatures on the marriage certificate by
the requisite number of witnesses, and the failure to abide by the waiting period
did not nullify the marriage as these requirements were merely directory).
We consider next whether the marriage between the NH and the Claimant met these requirements
for a valid marriage under Louisiana law. See La. Civ. Code Ann. art. 87.
a. Absence of a Legal Impediment
A valid marriage requires the absence of a legal impediment. La. Civ. Code Ann. art.
87. Louisiana law sets out three legal impediments to a marriage: no bigamous marriages,
marriages to certain relatives are not allowed, and marriages to minors are not allowed.
See La. Civ. Code Ann. arts. 88, 90, 90.1. A marriage contracted in violation of
a legal impediment is an absolutely null union and “devoid of legal effect from the
moment of its inception.” See La. Civ. Code Ann. art. 94, Revision Comments – 1987,
comment (b). None of these legal impediments appear to be an issue here with regard
to the Claimant’s marriage to the NH as there is no indication that they were legally
married to someone else when they married, they are not underage, and they are not
blood relatives.
b. Marriage Ceremony Required
A valid marriage requires a marriage ceremony. See La. Civ. Code Ann. arts. 87, 91.
“The parties must participate in a marriage ceremony performed by a third person who
is qualified, or reasonably believed by the parties to be qualified, to perform the
ceremony. The parties must be physically present when it is performed.” La. Civ. Code
Ann. art. 91. A marriage contracted without a marriage ceremony is absolutely null
and “devoid of legal effect from the moment of its inception.” See La. Civ. Code Ann.
art. 94, Revision Comments – 1987, comment (b).
The Louisiana marriage certificate reflects that K~, a minister, married the NH and
the Claimant in a ceremony in Vinton, Calcasieu Parish, Louisiana on February xx,
2020, at 7:00pm (the license was issued February xx, 2020, at 12:20pm). See La. Rev.
Stat. Ann. § 9:202 (identifying ministers as among the list of officiants with authority
to perform a marriage ceremony), § 9:205 (officiant may not perform a marriage ceremony
until he receives a marriage license), § 9:241 (an officiant may not perform a marriage
ceremony until 24 hours after issuance of the marriage license), § 9:245(A) (marriage
certificate must be on a form prescribed by the state registrar of vital records and
must show on its face the fact of the marriage and information prescribed, including
the place, time, and date of the ceremony). The marriage certificate was signed by
the minister, the NH, the Claimant, and two witnesses to the ceremony (C and C. See
La. Rev. Stat. Ann. § 9:244 (the marriage ceremony must be performed before two witnesses).
Finally, the marriage certificate was returned and filed in the records for Lake Charles,
Calcasieu Parish, Louisiana by the deputy clerk of court on March 2, 2020. See La.
Rev. Stat. Ann. § 9:253 (within ten days after the marriage ceremony, the marriage
certificate is to be filed with the clerk of court who issued the marriage license);
see also La. Rev. Stat. Ann. § 9:254 (penalties for failing to complete or file a
marriage certificate), § 9:256 (penalties for making a false entry in a marriage license
or marriage certificate). There does not appear to be any dispute that a minister
officiated a marriage ceremony between NH and the Claimant, who were both physically
present, on February xx, 2020, before two witnesses, which is reflected in the completed
and recorded marriage certificate.
c. Free Consent of Both Parties
A valid marriage requires the parties’ free consent to be married, which is expressed
at the marriage ceremony. See La. Civ. Code Ann. art. 87. “The parties must personally
express their consent to take each other as husband and wife at a ceremony, and the
officiant must be able to examine them to satisfy himself that their consent is freely
given.” La. Civ. Code Ann. art. 92, Revision Comments – 1987 (b). “Consent is not
free when given under duress or when given by a person incapable of discernment.”
La. Civ. Code Ann. art. 93. The comments to article 93 explain that “a person incapable
of discernment” may include, but is not limited to, a person under the influence of
alcohol or drugs, a mentally disabled or mentally insane person, or a person who is
too young to understand the consequences of the marriage celebration. La. Civ. Code
Ann. art. 93, Revision Comments – 1987 (c), (d).
A marriage contracted without free consent of both parties is a relatively null marriage.
La. Civ. Code Ann. art. 95. A marriage that is a relative nullity remains valid and
produces civil effects until it is declared void. La. Civ. Code Ann. art. 97, Revision
Comment 1987 (“This Article is new, but it does not change the law. In Louisiana,
the relatively null marriage has long been regarded as valid until annulled by a judicial
decree rendered in a direct action of nullity brought by a proper party….”); see also
La. Civ. Code Ann. art. 94, Revision Comments – 1987 (b) (Articles 94 and 95 “codify
the prior jurisprudential rules regarding the effects of absolutely and relatively
null marriages. While a relatively null marriage ceases to have legal effect only
from the time that its nullity is judicially declared, an absolute null union is devoid
of legal effect from the moment of its inception.”). Additionally, a relatively null
marriage may be declared null only upon application of the party who did not freely
consent. La. Civ. Code Ann. art. 95. “The right to demand the nullity of such a marriage
[that lacks consent] is personal to the spouse whose consent was not free and does
not pass on to his heirs;” however a succession representative is a proper party to
bring an action to have the marriage declared a nullity after death. In re Succession
of Ricks, 893 So.2d 98, 100 (La. Ct. App. 2004) (citing Ducasse’s Hairs v. Ducasse,
45 So. 565, 568 (La. 1908)).
The NH’s son, who filed his own claim with the agency for the underpayment on the
NH’s record (which would only be successful if the Claimant is not found to be the
NH’s widow), stated that he was unaware of the NH’s marriage to the Claimant. He also
stated that his father had been so sick that he could not speak, move, or care for
himself. The agency compared the NH’s signature on the marriage certificate with the
NH’s signatures on other forms filed with the agency and believed there to be a difference.
Thus, with this information, the agency is concerned about the NH’s consent to his
marriage to the Claimant. Louisiana courts “are reluctant to invalidate a marriage”
and “will not do so unless the law and the facts clearly indicate that it should be
annulled.” Parker, 213 So.2d at 194. We believe a Louisiana court would find that
such information does not clearly indicate that the marriage should be annulled and
instead would likely need additional evidence to determine if the NH was a person
incapable of discernment and unable to freely consent. Statements from the minister
who performed the ceremony, as well as from the two witnesses would be relevant evidence
to consider given their presence at the marriage ceremony. See id. at 193 (finding
that the evidence did not show a failure to consent to the marriage where the minister
testified that despite the parties use of alcohol, they both were able to give their
consent to the marriage).
However, such additional evidence is not needed here because even assuming the NH’s
deteriorating health rendered him a person incapable of discernment and thus unable
to freely consent to the marriage, this would make their marriage only a relative
nullity. See La. Civ. Code Ann. art. 95. A marriage that is a relative nullity remains
valid and produces civil effects until it is declared void and only the NH (or his
succession representative) could seek to have it declared void, which did not happen
here. See La. Civ. Code Ann. art. 97, Revision Comment 1987; La. Civ. Code Ann. art.
94, Revision Comments – 1987 (b). Unchallenged in court, the Claimant’s marriage to
the NH remained a valid marriage with civil effects until terminated by the NH’s death.
See Succession of Barth, 152 So. 543, 544 (La. 1934) (“a marriage celebrated according
to the forms of law, even though the consent of one of the parties was compelled by
violence and by putting him or her in fear, must be regarded as a valid marriage until
it is annulled by a judicial decree rendered in a direction action of nullity.”);
La. Civ. Code Ann. art. 101 (when marriage terminates).
CONCLUSION
We believe a Louisiana court would find that the Claimant has proven that she had
a valid ceremonial marriage to the NH by providing a completed and recorded marriage
certificate showing their participation in a marriage ceremony. Even assuming there
is evidence of the NH’s lack of consent given his deteriorating health, a lack of
consent renders a marriage a relative nullity under Louisiana law, which means that
it is valid unless and until declared null by a court. There is no information that
a court declared their marriage null. Therefore, we believe there is legal support
for the agency to find that the Claimant is the NH’s widow for purposes of determining
her entitlement to the LSDP and the disability benefit underpayment on the NH’s record.