Determine whether the marriage was void or voidable (for guidance on when a marriage
is voidable, see GN 00305.130) and process the case accordingly (for details on when an annulment permits initial
entitlement or reentitlement, see GN 00305.135).
EXAMPLES: Void Marriage
In certain states, where one or both parties were under the age of consent, the marriage
is void (for details, see GN 00305.010);
In most states, a bigamous marriage is void.
If neither instructions on state law nor a precedent opinion exists, route the claim
to the Assistant Regional Commissioner (ARC) Management and Operations Support (MOS)
for possible submittal to the Office of General Counsel (OGC) per GN 01010.815. As guidance in making similar determinations, you may use legal precedent opinions
on the validity of annulment in PR 06310.000. For details on when to use precedent opinions, see GN 01010.810.
Reinstate benefits previously terminated because of a marriage or remarriage that
is determined to be void as of the month of the prior termination, subject to the
rules of administrative finality.
REMINDERS: Under the laws of some states, a party to a void marriage may acquire inheritance
rights as a spouse. This relationship is a putative marriage. A deemed marriage results
when a claimant’s marriage to the insured would have been valid except for a legal