TN 59 (10-23)

PR 05005.034 New Mexico

 

A. PR 23-012 Marital Status for Widow(er)’s Insurance Benefits and the Lump Sum Death Payment: New Mexico Law – Validity of Marriage Recorded after Death

Date: September 15, 2023

1. SYLLABUS

We believe New Mexico courts would find that even though the marriage certificate was not timely filed and recorded in the county records, the marriage license and certificate establish that the number holder (NH) and the Claimant properly obtained a marriage license, formally entered into a contract of marriage, and participated in a solemnized marriage ceremony before witnesses and performed by an authorized official. As such, we believe New Mexico courts would find that the NH and the Claimant were validly married under New Mexico law on July XX, 2017. Thus, we believe there is legal support for the agency to find that the Claimant is the NH’s widow for Title II benefit purposes.

2. OPINION

QUESTION PRESENTED

S~ (Claimant) filed an application for widow’s insurance benefits and the lump sum death payment (LSDP) under Title II of the Social Security Act (Act) on the record of the deceased number holder M~, who died on March XX, 2023, domiciled in New Mexico. You asked whether the NH and the Claimant were validly married where the New Mexico marriage license and marriage certificate show that they were married on July XX, 2017, but the marriage certificate was not recorded in the county records until March XX, 2023, which was after the NH’s death.

ANSWER

We believe New Mexico courts would find that even though the marriage certificate was not timely filed and recorded in the county records, the marriage license and certificate establish that the NH and the Claimant properly obtained a marriage license, formally entered into a contract of marriage, and participated in a solemnized marriage ceremony before witnesses and performed by an authorized official. As such, we believe New Mexico courts would find that the NH and the Claimant were validly married under New Mexico law on July XX, 2017. Thus, we believe there is legal support for the agency to find that the Claimant is the NH’s widow for Title II benefit purposes.

BACKGROUND

The NH died March XX, 2023, domiciled in New Mexico. His New Mexico death certificate lists his marital status as married and the Claimant as his wife. His online obituary names the Claimant as his wife and states that they married in 2017.[1]

On July XX, 2023, the Claimant filed an application for widow’s insurance benefits and the LSDP on the NH’s record. The Claimant reported that they were living together in the same household when he died and that they were married on July XX, 2017, in New Mexico.

The Claimant provided their New Mexico marriage license and marriage certificate. See 20 C.F.R. § 404.725 (evidence of a valid ceremonial marriage required). The signed and completed marriage license shows that the county clerk for Bernalillo County, New Mexico issued the license to marry to the NH and the Claimant on July XX, 2017. The signed and completed marriage certificate shows that a priest performed a marriage ceremony on July XX, 2017, joining the NH and the Claimant in marriage. The marriage certificate names the NH and the Claimant as spouses and is signed by two witnesses, the NH, the Claimant, and the priest. The bottom of the marriage certificate shows that it was recorded on March XX, 2023 at 3:35pm by the county clerk in the marriage record book for Bernalillo County, New Mexico. We do not have any information as to why the marriage certificate was not recorded in the county records until three days after the NH’s death.

ANALYSIS

A. Federal Law: Entitlement to Widow(er)’s Insurance Benefits and the LSDP as a Widow(er)[2]

Under Title II of the Act, a claimant may be entitled to widow(er)’s insurance benefits on a deceased insured individual’s record if, among other requirements, the claimant is the widow(er) of the insured individual and their marriage relationship lasted at least nine months before the insured individual died.[3] See 42 U.S.C. §§ 402(e), (f), 416(a)(2), (c), (g); 20 C.F.R. § 404.335.

To be entitled to the LSDP under Title II of the Act, a claimant must establish that the claimant is the widow(er) of an individual who died fully or currently insured, and that the claimant was living in the same household as the insured at the time of the insured’s death.[4] See 42 U.S.C. § 402(i); 20 C.F.R. §§ 404.390, 404.391.

The agency will find a claimant to be an insured individual’s widow(er) if the courts of the State in which the insured individual was domiciled at the time of death would find that the claimant and the insured individual were validly married at the time the insured individual died, or if, under application of that State’s intestate succession laws, the claimant would be able to inherit a spouse’s share of the insured individual’s personal property. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. §§ 404.344, 404.345. It is our understanding that the NH was domiciled in New Mexico when he died on March XX, 2023. Therefore, we look to New Mexico law to determine if the Claimant is the NH’s widow.

B. State Law: Validly Married under New Mexico Law

New Mexico does not authorize common-law marriage within the State. Rivera v. Rivera, 243 P.3d 1148, 1151 (N.M. App. 2010). New Mexico statutory law states that marriage is a civil contract entered into when an authorized person solemnizes the marriage. N.M. Stat. Ann. §§ 40-1-1, 40-1-2. “Solemnize” means to join in marriage before witnesses by means of a ceremony. N.M. Stat. Ann. § 40-1-2. Each couple wanting to marry must first complete a marriage application in order to obtain a marriage license from a New Mexico county clerk, and then once the county clerk has issued the license, the couple must present the marriage license and participate in a marriage ceremony before a person authorized to solemnize the marriage. See N.M. Stat. Ann. § 40-1-2 (an authorized person must solemnize a marriage), § 40-1-10 (couples wishing to marry “shall first obtain a license from a county clerk of this state and following a ceremony conducted in this state file the license for recording in the county issuing the license”), § 40-1-14 (“persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk issuing the license”). Finally, the person performing the required marriage ceremony must complete the marriage certificate for filing with the county clerk, who records it in the county records. See N.M. Stat. Ann. § 40-1-15(A) (the authorized person solemnizing the ceremony has “the duty . . . to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony,” and the county clerk shall file the marriage certificate and record it as a permanent record in the county records), § 40-1-19(B) (“a person who performs the marriage ceremony or certifies a marriage to the county clerk, who neglects or fails to comply with the provisions of Chapter 40, Article 1 NMSA 1978 and any person who willfully violates the law by deceiving or attempting to deceive or mislead any officer or person in order to obtain a marriage license or to be married contrary to law is upon conviction guilty of a misdemeanor”).

The New Mexico Supreme Court has stated that, “[f]or a marriage to be valid [in New Mexico], it must be formally entered into by contract and solemnized before an appropriate official.” Merrill v. Davis, 673 P.2d 1285, 1286-1287 (N.M. 1983) (noting that the statutory requirement that a marriage be solemnized reflects the State’s interest in fostering and protecting the institution of marriage against fraud). Relying on this holding in Merrill, New Mexico courts of appeal have found a marriage to be valid as long as the evidence establishes that it was solemnized before an appropriate official and formally entered into by contract even if all of the statutory requirements for marriage have not been satisfied.

In one case, a New Mexico court considered whether a couple’s marriage was valid where their marriage ceremony was performed in New Mexico but the license was obtained in Texas. Rivera v. Rivera, 243 P.3d 1148, 1150-1153 (N.M. Ct. App. 2010). The court noted that “[b]ecause New Mexico does not recognize common law marriage, something more than mere cohabitation and reputation as husband and wife is required to create a valid marriage in this state.” Id. at 1151. “[O]ur case law requires that for a New Mexico marriage to be valid, it must be solemnized before an appropriate official and be formally entered into by contract.” Id. The court noted that the New Mexico Legislature expressly declared only certain marriages void (incestuous and underage marriages) and did not expressly declare marriages to be void where the parties did not comply with all of the statutory requirements for marriage. Id. at 1152-1153. The court concluded that the marriage license statute was merely directory (as opposed to mandatory) and that under the facts presented, the ceremonial marriage performed without a New Mexico license was valid where the parties obtained a Texas license, participated in a marriage ceremony before an authorized official, and recorded the marriage license. Id. at 1153. The court emphasized that “[m]arriage licenses continue to be required under New Mexico law as evidence that a marriage fully complies with all requirements of the law” and that the facts showed that the couple intended to enter into a contract of marriage and their marriage was solemnized before an authorized official. Id. Thus, the couple had a valid marriage under New Mexico law despite the fact that they did not satisfy all of the statutory requirements as to licensing. Id.

In another case, a New Mexico court found a valid marriage for purposes of granting a dissolution even though the marriage license was unfiled where it was undisputed that the couple exchanged vows during an officiated marriage ceremony in front of witnesses and a marriage certificate was signed and completed. Pierson v. Long, 2013 WL 4538119, at *1-2 (N.M. Ct. App. July 23, 2013). The court, citing to Merrill and Rivera, emphasized that for a marriage to be valid, the marriage must be formally entered into by contract and solemnized before an appropriate official and noted that a marriage is valid even if it lacks a marriage license and certificate. Id. at *1.

Here, it appears that the NH and the Claimant complied with all statutory marriage requirements, except for timely filing and recording of the completed marriage certificate. They applied for a marriage license and received one on July XX, 2017, and presumably paid the county fees. See N.M. Stat. Ann. §§ 40-1-10, 40-1-11, 40-1-14. They participated in a solemnized marriage ceremony before witnesses performed by an authorized officiant on July XX, 2017. See N.M. Stat. Ann. § 40-1-2. A marriage certificate was completed and signed by the NH and the Claimant, as well as two witnesses and the priest officiating the ceremony. See N.M. Stat. Ann. § 40-1-15(A). The marriage certificate was filed with the county clerk for recording in the county records and was recorded on March XX, 2023, though this was not within 90 days from the date of the marriage ceremony. See N.M. Stat. Ann. § 40-1-15(A). Notably, the responsibility for timely certifying the marriage to the county clerk for recording was upon the priest who officiated their marriage and the responsibility for recording the marriage certificate was upon the county clerk. See N.M. Stat. Ann. § 40-1-15(A). Under these facts, we believe New Mexico courts would find that even though the marriage certificate was not timely filed and recorded in county records, the NH and the Claimant properly obtained a marriage license, formally entered into a contract of marriage, and participated in a solemnized marriage ceremony before witnesses and performed by an authorized official. As such, we believe New Mexico courts would find that they were validly married under New Mexico law on July XX, 2017. See N.M. Stat. Ann. §§ 40-1-1, 40-1-2; Merrill, 673 P.2d at 1286-1287; Rivera, 243 P.3d at 1150-1153.

CONCLUSION

We believe New Mexico courts would find that even though the marriage certificate was not timely filed and recorded in county records, the NH and the Claimant properly obtained a marriage license, formally entered into a contract of marriage, and participated in a solemnized marriage ceremony before witnesses and performed by an authorized official. As such, we believe New Mexico courts would find that the NH and the Claimant were validly married under New Mexico law on July XX, 2017. Thus, we believe there is legal support for the agency to find that the Claimant is the NH’s widow for Title II benefit purposes.

 


Footnotes:

[1]

M~ Obituary (2023) - (legacy.com) (last visited Sept. 14, 2023).

[2]

The Claimant must satisfy other criteria for entitlement to widow(er)’s insurance benefits and the LSDP that are outside the scope of the legal opinion request, which asks only about their marital relationship.

[3]

The marriage must have lasted for at least nine months immediately before the day the insured individual died. See 20 C.F.R. § 404.335(a); POMS GN 00305.100. Under certain conditions, the agency will deem the nine-month marriage duration requirement to be met, and there are alternatives to meeting the marriage duration requirement. See 20 C.F.R. § 404.335(a)(2)-(4).

[4]

“Living in the same household” means that the claimant and the insured individual “customarily lived together as husband and wife in the same residence.” 20 C.F.R. § 404.347; see also POMS RS 00210.035A.3 (the couple “must have shared a temporary or permanent residence for at least part of a day following the beginning of the marital relationship”). If the claimant cannot meet the living-in-the-same-household requirement, the claimant must meet the nine-month marriage duration requirement for widow(er)’s benefits or another alternative to be entitled to the LSDP. See 20 C.F.R. §§ 404.390-404.392; see also POMS RS 00210.001C.


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http://policy.ssa.gov/poms.nsf/lnx/1505005034
PR 05005.034 - New Mexico - 10/16/2023
Batch run: 10/16/2023
Rev:10/16/2023