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Consanguineous Marriage and Wife’s Social Security Benefits

A claimant for wife’s social security benefits married her uncle (her mother’s brother) in Nevada. Both resided in Indiana at the time, where they returned after the marriage.

Nevada law provided that, in addition to an age requirement, individuals could not be related in a closer degree than cousins or cousins of the half blood in order to enter into a valid marriage. Marriages contracted between relatives of a nearer degree of kinship were void, without any need to file for an annulment.

Indiana law provided that void marriages from any state were also invalid in Indiana.

Claimant’s application for wife’s benefits was thus denied, as her marriage was null and void.

See Social Security Ruling (SSR) 68-62.

Melvin Cook:
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