TN 29 (05-01)
GN 00305.015 Bigamous Marriages in West Virginia
Policy — bigamous marriages in West Virginia
When the worker is domiciled in West Virginia when a claim for benefits is filed, or at the time of death in a survivor claim, a claimant may have the status of a spouse on the basis of a bigamous marriage performed in that State because the marriage is not void until it is set aside by judicial decree. In such cases, more than one person may under State law be validly married to the worker and each person may qualify for benefits (subject to the family maximum) as a spouse or widow(er), unless and until the marriage is annulled. This applies also to bigamous marriages celebrated outside of West Virginia after 1931 by persons domiciled in that State but does not apply to such marriages contracted before 1932.