This is in response to your request for our assistance in determining whether Doris
                  B~ is entitled to Social Security benefits as the "putative" spouse of James E. B~
                  . We conclude, for the reasons set forth below, that the claimant is not entitled
                  to wife's benefits.
               
               FACTS
               Based upon the materials furnished to us, the relevant facts are as follows. The wage
                  earner, James E. B~ ("James"), married Marvel B~ in Wisconsin on July 1, 1939. The
                  parties were legally separated on June 12, 1943, 1/ but were never divorced. Marvel
                  Bm ("Marvel") never remarried and has been receiving wife's benefits on James account.
                  2_/
               
               A ceremonial marriage was performed between James and Doris B~ in Waukegan, Illinois
                  on November 22, 1963. 3_/ Doris and James separated on August 1, 1975, and apparently
                  are still separated although James indicated on a May 27, 1982 spouse's certification
                  that he was getting a divorce. There is no evidence in the claims folder to establish
                  that a divorce has been granted or that any legal steps have been taken to obtain
                  a divorce.
               
               On January 18, 1982, Doris filed for wife's benefits on James account. James was domiciled
                  in Wisconsin at the time of this application, and apparently is still domiciled in
                  Wisconsin. Because you believed James was still legally married to Marvel at the time
                  of his marriage to Doris, and thus Doris could not be a legal wife, you inquired whether
                  she could be considered a "putative spouse" of James. 4_/
               
               QUESTIONS PRESENTED
               1. Was James legally divorced from Marvel before he married Doris?
               2. Whether Wisconsin, the domicile of the wage earner, recognizes a "putative spouse"
                  either under its own laws or the laws of the site of the marriage?
               
               3. Assuming Wisconsin will recognize a "putative" spouse, whether Doris satisfies
                  the requirements of a "putative spouse" under Illinois law, the site of her marriage?
               
               DISCUSSION
               The Social Security Act and its implementing regulations provides that a claimant
                  is entitled to benefits as the wife or widow of a wage earner by satisfying one of
                  four different tests: 1) a valid ceremonial marriage, 2) a "deemed" or "de facto"
                  marriage, 3) a common-law marriage recognized under applicable state law or 4) a "putative"
                  marriage recognized under applicable state law. 42 U.S.C. §416(h)(1); 20 C.F.R. §§404.344-404.346,
                  404.723-404.727, POMS GN O0 305.040. The state law which governs is controlled by
                  the domicile of the wage earner either at the time of the claimant's application or
                  the domicile at the time of the wage earner's death. Id. In this case, the wage earner
                  was domiciled in Wisconsin at the time of Doris' application for benefits, and therefore,
                  Wisconsin law governs.
               
               Wisconsin does not recognize common-law marriages entered into after 1917. In re V~
                  Estate 256 Wis. 214, 40 N.W.2d 588 (1950). Doris is not entitled to benefits as the
                  "deemed spouse" of James under 42 U.S.C. §416(h)(1)(B) because she was not living
                  with him at the time of her application. 20 C.F.R. §404.346. Thus, the issue in this
                  case is whether either a valid ceremonial marriage existed between the parties or
                  Doris satisfies the requirements of a "putative" spouse under Wisconsin law. We conclude,
                  as discussed more fully below, that Doris is not entitled to benefits under either
                  category.
               
               A. Valid Ceremonial Marriage - The Validity Of James' Previous Divorce
               As we noted previously, Doris married James in a ceremonial marriage in Illinois on
                  November 22, 1963. However, James had married Marvel in Wisconsin on July 1, 1939.
                  They were legally separated for several years after which James believed they were
                  automatically divorced. Thus, our first question is whether such a legal separation
                  may constitute a divorce in Wisconsin. 5_/
               
               The claims folder contains almost no information concerning this separation. The only
                  reference in the file is James B~ May 27, 1982 spouse's certification that he was
                  legally separated from Marvel on June 12, 1943 and that the laws of Wisconsin provided
                  for an automatic divorce after a seven year separation. James also indicated that
                  "Social Services" in Milwaukee "made us" obtain-a legal separation. It is unclear
                  what Social Services Organization he was referring to or why an organization would
                  have an interest in his marital status. The only other reference to the "alleged"
                  divorce is contained in a February 19, 1982 Report of Contact in which James states
                  that he was never divorced. He claims again, however, that his legal separation became
                  a divorce after seven years. 6/ Your office apparently concluded that this legal separation
                  was not a divorce.
               
               During our research of Wisconsin divorce law, we did not find any statutes or cases
                  which support James' interpretation of the law, namely, that a legal separation automatically
                  becomes a divorce. However, as noted above, we are at a disadvantage because we do
                  not really know the nature of James' legal separation, the procedures James followed
                  to obtain the separation, or if any court documents exist. A layman's description
                  of a court document may not be accurate or complete. The claims folder does not contain
                  any information concerning a possible search by the Social Security Administration
                  ("SSA") of court papers during the relevant time periods. We recommend that SSA attempt
                  to obtain additional information concerning this "alleged" divorce because it may
                  impact on both the entitlement to and amount of both Marvel and Doris' Social Security
                  benefits.
               
               In order to aid your further investigation, we will set forth the Wisconsin divorce
                  law which was applicable to James' "alleged" divorce from Marvel in 1943. During this
                  period, Wisconsin statutes permitted two types of divorce: 1) a divorce from the bonds
                  of matrimony, or divorce a vinculo matrimonii, or 2) a divorce from bed or board.
                  28 W.S.A. §247.04 (1957). 7_/
               
               A divorce from bed and board, as set forth in the statute, is for a limited time and
                  does not terminate a marriage; therefore, it does not preclude a woman from having
                  the status of wife 8_/ under the valid marriage test of §216(h)(1)(A) of the Social
                  Security Act. 42 U.S.C. §416(h)(1)(A); In re K~ Estate, 254 N.W. 639 (1934); H~, Lloyd,
                  ~ , RA V (P~ ) to District Office, Milwaukee, Wisconsin, 10/23/61'. A divorce from
                  bed and board may lead, however, to a divorce of matrimony or a final divorce:
               
               Whenever the husband and wife shall have voluntarily lived entirely separate for the
                  space of five years next preceding the commencement of the action, the same may be
                  granted at the suit of either party. And such living apart for five years or more,
                  pursuant to a decree of divorce from bed and board, without request during that period
                  by either party to the other in good faith for a reconciliation and revocation of
                  said judgment, shall not be any bar to an absolute divorce upon this ground at the
                  suit of either party...
               
               28 W.S.A. §247.07(7)(1957). This section appears to require that an affirmative action
                  be taken in order to secure a final divorce. See 28 W.S.A. §247.09 (1957); See Powless v. Powless, 269 Wis. 552, 69 N.W.2d 753 (1955). 9_/ There is only one piece of evidence to indicate
                  that James may have taken some affirmative action to obtain what he categorized as
                  a legal separation, namely, his statement that social services made him secure a legal
                  separation. Such a separation seems to fit the definition of divorce from bed and
                  board, not a divorce of matrimony. 10_/ Moreover, Marvel, in her May 6, 1980 application
                  for wife's benefits, lists her marriage to James as "not ended." While this statement
                  need not be accepted as true, it is further support that James never received a final
                  divorce from Marvel. 11_/
               
               Thus, it appears that James was never divorced from Marvel. Nonetheless, as noted
                  previously, we recommend that you further investigate the divorce issue. However,
                  for purposes of continuing our analysis, we will assume that James was married to
                  Marvel at the time of his marriage to Doris.
               
               B. Wisconsin Law Concerning The Recognition Of A "Putative" Spouse Under Either Its
                  Own Law Or Illinois Law
               
               1. Illinois Putative Spouse Law
               As noted previously, Wisconsin law, as the domicile of the wage earner, controls the
                  determination of Doris' marital status. The general rule is that the validity of a
                  marriage is determined by the law of the place where it is contracted. 52 Am. Jut.
                  2d Marriage §80 (1970). Thus, a marriage which is valid under the law of the state
                  in which it is contracted will be recognized as valid everywhere unless that marriage
                  contravenes a strong public policy of the domiciliary state. Wisconsin follows this
                  general rule. See In re - C~ Estate, 260 Wis. 625, 51 N.W.2d 709 (1952). The converse of this rule
                  is also true, namely, that a marriage invalid where contracted is invalid everywhere.
                  Kitzman v. Kitzman, 167 Wis. 308, 166 N.W. 789 (1918). Therefore, in this case, we must look to the
                  law of Illinois, the state of Doris and James' marriage, to determine if Illinois
                  would consider their marriage valid. We conclude, for the following reasons, that
                  Doris and James marriage was not valid in Illinois.
               
               At the time of their marriage, James was still married to Marvel and thus, not free
                  to marry. 12_/ Ill. Rev. Stats. ch. 40, §212(a). Effective October, 1977, Illinois
                  enacted the Marriage and Dissolution of Marriage Act, codified at Ill. Rev. Stats.
                  ch. 40, §§101-802. See G~ , Ambers H~ ,~ , RA V (A~ ) to Director, IPB V, 12/11/80.
                  Among the changes effected in Illinois law, two should be considered in our determination
                  of the validity of the Illinois marriage in this case: the provision for recognition
                  of a putative spouse (Ill. Rev. Stats. ch. 40, §305); and the provision by which a
                  marriage, prohibited due to the existence of a legal impediment, becomes lawful by
                  cohabitation of the couple after removal of the impediment. Ill. Rev. Stats. ch. 40,
                  §212(b).
               
               Regarding the latter provision, Doris and James' marriage could not be considered
                  valid under §212(b) because the legal impediment, James previous marriage to Marvel,
                  has never been removed. Thus, the only provision under which Doris and James' marriage
                  in Illinois might be considered valid is §305, the "putative" spouse provision:
               
               Any person, having gone through a marriage ceremony, who has cohabited with another
                  to whom he is not legally married in the good faith belief that he was married to
                  that person is a putative spouse until knowledge of the fact that he is not legally
                  married terminates his status and prevents acquisition of further rights. A putative
                  spouse acquires the rights conferred upon a legal spouse, including the right to maintenance
                  following termination of his status, whether or not the marriage is prohibited under
                  Section 212, or declared invalid, under Section 301. If there is a legal spouse or
                  other putative spouse, rights acquired by a putative spouse do not supersede the rights
                  of the legal spouse or those acquired by other putative spouses, but the court shall
                  apportion property, maintenance and support rights among the claimants as appropriate
                  in the circumstances and in the interests of justice.
               
               Section 305, thus, does not confer the status of legal spouse upon the individual
                  or validate the marriage. It merely permits, in the interests of justice, the putative
                  spouse to acquire rights in property. This interpretation is supported not only by
                  the careful distinction made between legal spouse and putative spouse in this section,
                  but also by the separate provision required, §212(b), for the validation of a previous
                  invalid marriage. In summary, section 305 does not create a legal marriage in Illinois;
                  therefore, Wisconsin would not consider Doris and James' marriage valid. In addition,
                  the property rights acquired by a putative spouse in Illinois have no extraterritorial
                  effect on the determination of the distribution of intestate personal property of
                  an individual domiciled in Wisconsin. See John, ~ RA V (B~ ) to Regional Commissioner, 9/14/81 13_/
               
               In conclusion, even assuming Doris met the definition of a putative spouse in Illinois,
                  her marriage would not be considered valid in Illinois, and therefore, it is not considered
                  valid in Wisconsin.
               
               2. Wisconsin Law Concerning A Putative Spouse
               Section 216(h)(1)(A) in part provides:
               If such courts [state court] would not find that such applicant and such insured individual
                  were validly married at such time, such applicant shall, nevertheless be deemed to
                  be the wife, husband, widow, or widower, as the case may be, of such insured individual
                  if such applicant would, under the laws applied by such courts in determining the
               
               devolution of interstate [sic] personal property, have the same status with respect
                  to the taking of such property as a wife, husband widow, or widower of such insured
                  individual.
               
               The law of the domicile of the wage earner governs the devolution of personal property.
                  16 Am. Jut. 2d Conflict of Laws §43 (1979). Thus, if Wisconsin recognizes a putative
                  spouse, then Doris may still be entitled to Social Security benefits under the second
                  test of §216(h)(1)(A).
               
               Our review of Wisconsin marriage law indicates that Wisconsin has not adopted §209
                  of the Uniform Marriage Act which provides for the recognition of a putative spouse.
                  As recently as 1979, Wisconsin has made amendments to its marriage law; these amendments
                  are now called "The Family Code," and codified at W.S.A. §765.001 et seq. However,
                  none of these amendments included a provision recognizing a putative spouse and providing
                  for entitlement to the property rights. 14/ As intestate succession is limited by
                  Wisconsin law to a spouse of the deceased (W.S.A. §852.01), and Doris is not a spouse
                  under Wisconsin law, she is not entitled to share in James' intestate personal property.
               
               C. The Requirements Of A Putative Spouse Under Illinois Law
               Based upon our earlier conclusion that Wisconsin will not recognize an Illinois putative
                  spouse, we need not address the issue of whether Doris would qualify as a putative
                  spouse.
               
               CONCLUSION
               In conclusion, we believe that based upon the facts presently before us, Doris is
                  neither James legal nor putative spouse. Accordingly, we conclude that Doris is not
                  entitled to Social Security benefits as the wife of James.
               
               1/ On James May 27, 1982 spouse's certification, he states that his marriage ended
                  on that date, and further notes that "Social Services in Milwaukee made us obtain
                  a legal separation." Thus, it is unclear if 1943 is the date James and Marvel actually
                  separated or the date they obtained the legal separation.
               
               2/ Marvel, in her May 6, 1980 wife's application for benefits, lists her marriage
                  to James as "not ended." There is no record of any other marriage involving Marvel.
               
               3/ Doris was previously married to John Z~ .They were divorced in 1946. In a February
                  3, 1982 Statement of Claimant, Doris claims that James advised her that he had been
                  married previously to Marvel, but that they had been divorced. You have concluded
                  that Doris married James in the good faith belief that he was free to marry.
               
               4/ There are no issues raised concerning entitlement of children because neither Marvel
                  nor Doris had any children.
               
               5/ Unlike many other jurisdictions, Wisconsin does not follow the rule which presumes
                  the second marriage to be valid absent evidence to the contrary. Williams v. Williams, 63 Wis. 58, 23 N.W. 110 (1885)(no rigid or absolute presumption of validity of second
                  marriage). Even assuming that was the rule in Wisconsin, the evidence in this case
                  would rebut that presumption. See discussion infra at pgs. 3-6.
               
               6/ There are contradictory statements by James in the claims folder regarding his
                  marital status: on a December 1, 1966 statement he indicated that he was not presently
                  married, on a February 15, 1968 statement, he acknowledged Doris as his wife, and
                  on a June 4, 1980 statement, he lists Marvel as his wife. Notwithstanding these inconsistent
                  statements, some of which appear to be motivated by James concern that his marital
                  status would reduce his benefits, the evidence in the claims folder does tend to support
                  James' rendition of the facts as listed on his May 27, 1982 spouse's certification.
               
               7/ Effective January 1, 1960, this statute was repealed and replaced by W.S.A. §767.04
                  which provides for two types of actions: 1) divorce, and 2) legal separation. The
                  first action replaces divorce of matrimony and the second replaces divorce from bed
                  and board. See W.S.A. §767.07.
               
               8/ In such a divorce, property rights and interests remain unchanged. Weber v. Weber, 257 Wis. 613, 44 N.W.2d 571 (1950).
               
               9/ Even assuming that James did not obtain a legal separation until 1977 when §247.09
                  was repealed and §767.09 was enacted, that section required an action by one of the
                  parties to convert a decree of legal separation to a decree of divorce.
               
               10/ However, a court does have the power to enter judgment for an absolute divorce
                  in an action where the pleadings merely seek a divorce from bed and board. Hooker v. Hooker, 8 Wis. 2d 331, 99 N.W.2d 113 (1959). This underscores the importance of securing
                  a copy of James' legal separation to make sure that he was not awarded an absolute
                  divorce.
               
               11/ It is interesting that Marvel does not mention her separation from James in any
                  of her statements.
               
               12/ As noted previously, for purposes of this discussion we are assuming that James'
                  divorce was not valid.
               
               13/ Similar conclusions have been reached in other cases in which the state of the
                  wage earner's domicile did not recognize a putative spouse. See D~ Marion, ~, RA V (V~ ) to Assist. Reg. Comm., 8/28/81; B~ Harry, ~ RA V (C~ ) to
                  Reg. Represent., 2/19/59.
               
               14/ We believe this is especially significant in light of Wisconsin's history of liberal
                  marriage laws. For example, Wisconsin law has contained a provision for the validation
                  of previously invalid marriages since the early 1900's. W.S.A. §765.24 (formerly §245.35).
                  Also Wisconsin, contrary to the majority of jurisdictions, considered bigamous marriages
                  voidable rather than void. Halker v.
                     Halker, 92 Wis. 2d 645, 285 N.W.2d 745 (1979); Corning
                     v. Carriers Insurance Co., 88 Wis. 2d 1, 276 N.W.2d 310 (1979); Davidson v. Davidson, 35 Wis. 2d 401, 151N.W.2d 53 (1976). Thus, Wisconsin's failure to promulgate a putative
                  spouse provision may even signify that such a "marriage" would be considered against
                  public policy. We need not address that issue, however, in deciding this case.