I. Question Presented
You asked whether the claimant, E~, can be considered the widow of deceased number
holder (NH) M~ for purposes of determining the claimant’s entitlement to widow’s insurance
benefits under Title II of the Social Security Act (Act) on the NH’s record based
on a purported, common-law relationship in Nova Scotia.
II. Short Answer
Because the NH was domiciled in Nova Scotia at the time of his death, we apply the
law the courts of the District of Columbia would apply to determine whether the claimant
is the NH’s widow. The courts of the District of Columbia would apply Nova Scotia
law under the facts presented. Although we believe the District of Columbia courts
would find that the couple was validly married in Nova Scotia on March XX 2013, their
ceremonial marriage did not last at least nine months immediately prior to the NH’s
death on August X, 2013, as required for widow’s insurance benefits.
Further, even if the claimant could establish that she and the NH were in a common-law
relationship predating the ceremonial marriage, a common-law relationship is not a
legal marriage under Nova Scotia law and parties to common-law relationships do not
have the same intestacy rights as individuals legally married under Nova Scotia law.
Thus, in applying Nova Scotia law, we believe the District of Columbia courts would
find that the couple’s purported common-law relationship was not a valid marriage
and further, that such a common-law relationship did not convey spousal inheritance
rights under intestacy law.
Therefore, for purposes of determining the claimant’s entitlement to widow’s insurance
benefits on the NH’s record as his widow, the agency may reasonably conclude that
the couple’s ceremonial marriage does not meet the Act’s nine-month marriage duration
requirement, and the purported common-law relationship is not a legal marriage or
one that conveys inheritance rights as a spouse. Thus, we believe the agency can determine
that the claimant is not entitled to widow’s insurance benefits on the NH’s record.
III. Background
The claimant, E~, married the NH on March XX, 2013, in Nova Scotia, Canada.[1] The NH passed away in Nova Scotia less than five months later, on August X, 2013.
The claimant filed an application for widow’s insurance benefits on the NH’s record
alleging she was the NH’s widow. According to the claimant, she began living with
the NH in 2009, the couple exchanged rings in 2010, and they “settled” in her house
in Nova Scotia in 2011. The claimant felt she was in a “committed (common-law) marriage”
with the NH well before their ceremonial marriage in March 2013.
IV. Federal Law: Widow(er) under the Act for Widow(er)’s Insurance Benefits
Under Title II of the Act, a claimant may be entitled to widow(er)’s insurance benefits
on a deceased insured individual’s account if, among other requirements, the claimant
is the widow(er) of the insured individual and their marriage relationship lasted
nine months before the insured individual died.[2] See 42 U.S.C. §§ 402(e), (f), 416(a), (c), (g); see also 20 C.F.R. § 404.335.
The agency considers a claimant to be an insured’s widow(er) if the courts of the
State in which the insured resided at the time of death would find that the claimant
and the insured were validly married at the time the insured 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’s personal property. See 42 U.S.C. § 416(h)(1)(A); 20
C.F.R. §§ 404.335(a), 404.344, 404.345.
As pertinent here, in determining the claimant’s relationship as the insured’s spouse,
the agency looks to the law of the State where the insured had a permanent home at
the time of death. See 42 U.S.C. § 416(h)(1)(A)(i). If the insured is not domiciled
in any State, the agency applies the law of the District of Columbia. See 42 U.S.C.
§ 416(h)(1)(A)(i); 20 C.F.R. § 404.345; POMS GN 00210.006.B.
It is our understanding that the NH permanently resided in Nova Scotia, Canada at
the time of his death on August X, 2013. Thus, because his permanent home was outside
of the United States at the time of his death, we look to the law the courts of the
District of Columbia would apply to determine if the claimant is the NH’s widow.
A. Analysis[3]
1. The Ceremonial Marriage Does Not Meet the Duration Requirement
Under the law of the District of Columbia, the validity of a marriage is determined
by the law of the jurisdiction where the marriage was entered into. See McConnell
v. McConnell, 99 F. Supp. 493, 494 (D.D.C. 1951); Carr v. Varr, 82 F. Supp. 398 (D.D.C.
1949); Gerardi v. Gerardi, 69 F. App. 296 (D.D.C. 1946). We believe there is no dispute
that under the law of the District of Columbia, a D.C. Court would find that the claimant
and the NH had a valid ceremonial marriage on March XX, 2013 in Nova Scotia. Claimant
presented SSA with (1) a marriage certificate from Nova Scotia, certified by a Consular
Clerk, and (2) the NH’s death certificate, listing the Claimant as his wife. In addition,
SSA has statements from relatives mentioning the couple’s ceremonial marriage. However,
because the NH died on August X, 2013, less than six months after the ceremonial marriage,
the nine-month duration requirement from the Act is not met. See 42 U.S.C. §§ 402(e),
(f), 416(a), (c), (g); see also 20 C.F.R. § 404.335.
2. The Common-Law Relationship is not a Valid Marriage
The claimant also alleges that prior to the ceremonial marriage, she and the NH entered
into a common-law “marriage “in Nova Scotia, Canada. Again, the courts of the District
of Columbia would apply Nova Scotia law.
Nova Scotia law recognizes common-law relationships, but such relationships are not
the equivalent of legal marriages and do not carry all of the same rights and obligations
of married couples under the law.[4] Moreover, Nova Scotia does not provide for common-law marriage.[5] Thus, even if the claimant was able to prove that she and the NH were in a common-law
relationship before their March 2013 ceremonial marriage, it is not the equivalent
of a legal marriage under Nova Scotia law. As such, applying Nova Scotia law, we believe
the courts of the District of Columbia would find that the claimant was not validly
married to the NH prior to their March 2013 ceremonial marriage. See 42 U.S.C. § 416(h)(1)(A)(i);
20 C.F.R. §§ 404.335(a)(1), 404.345.
3. The Common-Law Relationship Does Not Convey Inheritance Rights
As noted above, even if not validly married, the agency shall nevertheless deem the
claimant to be the NH’s widow if, under the intestacy laws applied by the courts of
the District of Columbia, the claimant would have the same status as a spouse or widow
with respect to the taking of the insured individual’s property. See 42 U.S.C. § 416(h)(1)(A)(ii);
20 C.F.R. § 404.345. The courts of the District of Columbia have held that the laws
of the NH’s domicile at the time of his death determine intestate inheritance rights.
See Javier v. Comm’r of Soc. Sec., 407 F.3d 1244, 1247 (D.C. Cir. 2005) (citing In
re Gray’s Estate, 168 F. Supp. 124 (D.D.C. 1958)). Therefore, here, the courts of
the District of Columbia would apply Nova Scotia intestacy law to determine if a common-law
relationship, if established, would confer upon the claimant the same intestate succession
rights that a widow would have.
Under Nova Scotia law, the Intestate Succession Act governs the disposition of the
property of an individual who dies without a will.[6] The Intestate Succession Act grants no rights of inheritance to common-law partners.[7] Further, Nova Scotia case law forecloses the possibility that a commonlaw partner
could be considered a “spouse” under the Intestate Succession Act.[8] The Supreme Court of Nova Scotia has ruled that the term “spouse” as used in the
Intestate Succession Act applies only to marriages or registered domestic partnerships,
and that common-law spouses are thus excluded from intestate inheritance.[9]
Accordingly, even if the claimant was in a common-law relationship with the insured
before their March 2013 ceremonial marriage, it does not convey inheritance rights
of a spouse under Nova Scotia intestacy law. Thus, in applying Nova Scotia law, we
believe the courts of the District of Columbia would find that the claimant could
not inherit from the NH based on the couple’s purported common-law relationship. Accordingly,
the agency cannot deem the partner in a common-law relationship a widow for purposes
of establishing entitlement to widow’s benefits under Title II of the Act.
Finally, we note that Nova Scotia law provides an alternative to legal marriage that
does confer intestate inheritance rights—a registered domestic partnership.[10] This partnership, if properly registered, provides the same inheritance rights as
a spouse under the Intestate Succession Act.[11] We have received no evidence to suggest that the claimant and the NH were in a registered
domestic partnership, so this opinion does not delve further into its requirements.
V. Conclusion
In applying Nova Scotia law, we believe the District of Columbia courts would find
that the couple’s purported common-law relationship was not a valid marriage and further,
that such a common-law relationship did not convey spousal inheritance rights under
intestacy law. Therefore, for purposes of determining the claimant’s entitlement to
widow’s insurance benefits on the NH’s record as his widow, the agency may reasonably
conclude that the couple’s ceremonial marriage does not meet the Act’s nine-month
marriage duration requirement, and their purported common-law relationship is not
a legal marriage or one that conveys inheritance rights as a spouse. Thus, we believe
the agency can conclude that the claimant is not entitled to widow’s insurance benefits
on the NH’s record.