QUESTION
               You have asked whether the annulment of the claimant’s marriage to an individual after
                  the death of the number holder permits the Social Security Administration (SSA) retroactively
                  to reinstate widow’s insurance benefits the claimant previously received as the surviving
                  spouse of the deceased number holder.
               
               OPINION
               The claimant’s later marriage was voidable, not void under applicable law.  Therefore,
                  the claimant could not become eligible for reinstatement of widow’s insurance benefits
                  on the earnings record of the number holder before the month of the annulment.
               
               BACKGROUND
               Lois C~ (Claimant) became entitled to widow’s insurance benefits on the earnings record
                  of D. R. C~, the number holder (NH), effective December 2004.  Clamant then married
                  Joseph B. C~ on October 29, 2008, in Florida. Due to Claimant’s remarriage, SSA terminated
                  Claimant’s widow’s insurance benefits effective October 2008.
               
               On March 5, 2010, Mr. C~ filed a complaint for annulment, stating that he was induced
                  fraudulently into the marriage.  Mr. C~ alleged Claimant committed fraud by failing
                  to inform him that she was the adoptive parent of a natural grandchild and he would
                  be responsible for the child’s custody and care.  He also alleged the marriage was
                  unconsummated as of the date of the complaint, the couple had not acquired any property
                  jointly, and no children were born of the marriage. On March 5, 2010, Claimant and
                  Mr. C~ entered a settlement agreement to determine the parties’ rights and responsibilities,
                  if any, regarding property, debt, child support, and alimony.  On March 11, 2010,
                  the Circuit Court of Baldwin County, Alabama entered an Order granting the petition
                  for annulment and finding the marriage between the parties was void. Clamant now requests
                  reinstatement of her widow’s insurance benefits on NH’s account due to the annulment
                  of her marriage to Mr. C~. 
               
               DISCUSSION
               A widow can only qualify for widow’s insurance benefits under the Social Security
                  Act (Act), if (with certain exceptions not present here) she is unmarried. See Act § 202(e)(1)(A); 20 C.F.R. §  404.335(e) (2009); Program Operations Manual System
                  (POMS) RS 00207.001(B)(1). If a claimant remarries and the subsequent marriage is void under state law,
                  the claimant can collect benefits as if the subsequent marriage never happened.  See POMS GN 00305.120, GN 00305.125. Thus, if Claimant’s marriage to Mr. C~ was void under Alabama law, she could collect
                  retroactive benefits for the entire duration of her voided marriage. However, if Claimant’s
                  marriage to Mr. C~ was merely voidable, she could reapply for widow’s insurance benefits
                  as NH’s surviving spouse, but SSA could find Claimant eligible for benefits no earlier
                  than the month of the annulment.  See POMS GN
                     
                     00305.130B(1)(a). 
               
               According to the marriage certificate, Mr. C~ was a Florida resident and Claimant
                  was an Alabama resident when they married in 2008. The couple got their marriage license
                  and married in Florida.  According to the complaint for annulment, Mr. C~ had been
                  an Alabama resident for six months prior to filing his complaint. The child support
                  information sheet, which appears to have been completed at the time of the annulment
                  action, shows Claimant had the same Alabama residence as Mr. C~. Therefore, Claimant
                  appears to have been an Alabama resident at the time of the annulment.  An Alabama
                  court has no jurisdiction over a marital claim unless the litigants satisfy certain
                  residency requirements and any judgment entered by a court without jurisdiction is
                  void. See Hamilton v. Hamilton, 12 So. 3d (Ct. Civ. App. 2009).  Because Claimant and Mr. C~ were residents of Alabama
                  but were married in Florida, we first determined whether the Alabama court had jurisdiction
                  to annul this Florida marriage.  The Alabama court had jurisdiction because Claimant,
                  the defendant in this annulment action, was a resident of Alabama at the time of the
                  marriage and when the annulment action was filed; and Mr. C~ had been an Alabama resident
                  for six months when the annulment action was filed. See Hamlet v. Hamlet, 4 So.2d 901, 902 (Ala. 1941); cf. Ala. Code § 30-2-5 (“When the defendant is a nonresident,
                  the other party to the marriage must have been a bona fide resident of this state
                  for six months next before the filing of the complaint, which must be alleged in the
                  complaint and proved.”).  The Hamlet court specifically held that the Alabama court’s
                  jurisdiction extends over its citizens and their marital status, without regard to
                  where the marriage ceremony occurred. See id. The Alabama court had jurisdiction over the couple’s marital status because Claimant
                  was an Alabama resident at the time of the marriage and both parties were residents
                  of Alabama at the time of the annulment proceedings; so, we look to Alabama law to
                  determine whether Claimant’s marriage to Mr. C~ was void or voidable.
               
               Under Alabama law, “few, if any, kinds of fraud or trickery will warrant an annulment
                  after the marital status has been entered upon by cohabitation and marital intercourse
                  has intervened.” Hyslop v. Hyslop, 2 So. 2d 442, 444 (Ala. 1941).  However, a court may annul a marriage because of
                  fraudulent inducement at the time of the marriage that goes to “the essence of the
                  marriage relation.”  Janda v. Janda, 984 So. 2d 434, 436 (Ala. Civ. App. 2007) (citing Williams v. Williams, 105 So. 2d 676, 678 (Ala. 1958)). Read together, these cases indicate that the fraudulent
                  inducement to marry must be so extreme that it goes to the essence of the marriage. See Janda, 984 So. 2d at 438 (“It may readily be conceded that a court should not annul a marriage
                  on the ground of fraud except in extreme cases, where the particular fraud goes to
                  the very essence of the marriage relation.”)(quoting Millar v. Millar, 167 P. 394 (Cal. 1917)). 
               
               We have not found any Alabama case law that specifically addresses whether the alleged
                  fraud involved here, concealment of an adopted child, goes to the essence of the marriage
                  relation. However, an Alabama court has held that concealment of the inability to
                  procreate was insufficient grounds to annul a marriage.  See e.g.,  Smith v. Smith 23 So. 2d 605, 610 (Ala. 1945). Similarly, where a wife was alleged to have misrepresented
                  her age and her love for her husband so that she could receive his allotment check
                  from the United States government, those misrepresentations were also insufficient
                  grounds to prove fraud that went to the essence of the marriage because there was
                  no allegation that she entered the marriage with the intent not to perform her marital
                  vows and no allegation that she disavowed or refused to perform or fulfill her vows. Williams, 105 So. 2d at 677-78.  By contrast, Alabama courts have found fraud that goes to
                  the essence of the marriage when a person enters into a marriage covenant by a ceremonial
                  marriage with the intent not to perform the marriage vows, followed by immediate disavowal,
                  and refusal to perform the vows.  See Raia v. Raia, 108 So. 11, 12 (Ala. 1926); Hyslop, 2 So. 2d at 444; Janda, 984 So. 2d at 436 (holding that a sexual relationship is implicit in marriage and
                  that an unstated intent, held at the time of the marriage ceremony, to refuse to engage
                  in a sexual relationship with the other party is fraud that alters the essence of
                  the marriage).  The Janda court cited several out-of-circuit cases that found fraud that went to the essence
                  of the marriage relations.  See 984 So. 2d at 438 n. 4 (citing In re the Marriage of Meagher, 31 Cal.Rptr.3d 663, 667 (Cal. Ct. App. 2005) (recognizing that annulments on the
                  basis of fraud are generally granted only in cases in which the fraud related in some
                  way to the sexual or procreative aspects of marriage); In re Marriage of Liu, 242 Cal.Rptr. 649, 656-57 (Cal. Ct. App. 1987) (annulling marriage because wife had
                  fraudulently induced husband into marriage so that the wife could obtain a “green
                  card”); Bishop v. Bishop, 308 N.Y.S.2d 998 (N.Y. Sup. Ct.1970) (denying husband's petition for annulment based
                  on fraudulent inducement; court found no fraud in wife's attempt to obtain a divorce
                  and in her refusal to consummate the marital relationship because husband himself
                  testified that he and wife had agreed they would marry and then immediately divorce;
                  such an agreement did not contemplate marital intercourse).
               
               Here, the Circuit Court of Baldwin County, Alabama granted Mr. C~’s petition for annulment,
                  which included an allegation of fraud. The order of annulment is silent as to the
                  grounds of the annulment but the order does indicate that the order is based on a
                  pleading, testimony taken by deposition, and the parties’ written agreement.  Though
                  Mr. C~ alleged fraud because Claimant allegedly concealed her adoption of her grandson,
                  there is no indication that the court concluded that fraud was actually involved. 
                  In light of the above-mentioned case law tending to show that concealing certain facts
                  is not grounds for an annulment, the alleged fraud involved here was not so extreme
                  that it would go to the essence of the marriage relations. We have no evidence that
                  Claimant refused to have more children or refused to perform any of her marital vows. We
                  therefore conclude that the trial court was without legal authority to find fraud
                  that went to the essence of Claimant’s marriage so as to annul Claimant’s marriage.
               
               The court here also annulled the marriage but an annulment is the proper remedy for
                  the dissolution of a void marriage. Cooney v. Cooney, 840 So. 2d 903, 905 (Ala. Civ. App. 2002). An annulment renders a marriage void from
                  the beginning, while a divorce terminates the marriage as of the date of the judgment
                  of dissolution. See Thomas v. Campbell, 960 So. 2d 694, 698 (Ala. Civ. App. 2006). Therefore, we also believe the court here
                  could not have granted Mr. C~’s request for an annulment.
               
               Furthermore, the Order of Annulment in this case found the marriage “void.” Under
                  Social Security Ruling (SSR) 83-37c, SSA is not bound by a state court decision to
                  which it was not a party. See SSR 83-37c. However, the Agency cannot ignore and usually must accept a state court
                  decision if all four of the following prerequisites are met: “(1) an issue in a claim
                  for Social Security benefits previously has been determined by a State court of competent
                  jurisdiction; (2) this issue was genuinely contested before the State court by parties
                  with opposing interests; (3) the issue falls within the general category of domestic
                  relations law; and (4) the resolution by the State trial court is consistent with
                  the law enunciated by the highest court in the State.” SSR 83-37c (implementing Gray v. Richardson, 474 F.2d 1370 (6th Cir. 1973)). This order meets the first and third criteria of
                  SSR 83-37c. 
               
               However, we believe that an Alabama Supreme Court would find that the marriage here
                  was “voidable” not “void.”  For instance, under Janda, the most recent Alabama court to consider fraudulent inducement to marry, even if
                  there was fraud perpetuated at the time of the marriage and going to the essence of
                  the marital relationship, that fraud would render the marriage voidable by the injured
                  party.  Janda, 984 So. 2d at 436, 439. The effect of finding that this marriage is voidable is that
                  the marriage was binding until the court declared it void: “[A] major difference between
                  a void marriage and a voidable marriage is that the latter is treated as binding until
                  its nullity is ascertained and declared by a competent court, whereas the former does
                  not require such a judgment because the parties could not enter into a valid marital
                  relationship.”  Broadus v. Broadus, 361 So. 2d 582, 584 (Ala. Civ. App. 1978). 
               
               We conclude that because the only alleged flaw was a concealment of adoption and because
                  Alabama courts would not find that concealment to go to the essence of the marriage,
                  Claimant’s marriage is at most voidable for purposes of SSA, regardless of whether
                  the court annulled Claimant’s marriage to Mr. C~. Therefore, she is entitled to widow’s
                  insurance benefits effective only as of the date of the order of the annulment.
               
               CONCLUSION
               Because Claimant’s marriage to Mr. C~ was voidable rather than void, Claimant became
                  unmarried only as of the date of the annulment. Therefore, SSA cannot find Claimant
                  eligible for widow’s insurance benefits as NH’s surviving spouse before the month
                  of the annulment.
               
               Mary Ann S~
 Regional Chief Counsel 
 By: ___________
 Arthurice T. B~
 Assistant Regional Counsel