Most States follow a presumption in favor of the validity of the last of two or more
conflicting marriages. If the State of the worker's domicile when he/she died or when
the claimant filed in a life case has such a presumption, apply it where all the information
and evidence supplied still leaves doubt whether a former marriage was terminated.
Reminder: Remember to consider the effect of the presumption where information shows that the
NH had a subsequent marriage and the claimant is the spouse from an earlier marriage.
If the results of all development leave doubt about whether the former marriage ended
and the domiciliary State's presumption is in favor of the latest marriage, benefits
may not be payable to the former spouse claimant.