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.