Clarence married Mary in Ohio in 1905, at around the same time the Wright brothers (also from Ohio) were developing their flying machine into the first practical, fixed-wing aircraft.

After 15 years of marriage, Clarence left Mary and began living with one woman after another in fairly rapid succession. Clarence, it would appear, had a bit of a wandering eye. (It is believed he was not the same Clarence as the one seeking to earn his angel’s wings in the classic Christmas film “It’s a Wonderful Life.”)

Clarence ultimately settled down with a woman named Ethel until he passed away in Michigan in 1956.

Ethel applied for social security widow’s benefits based on Clarence’s earnings record. Mary also filed for widow’s benefits based on Clarence’s record.

Social Security was thus faced with the task of deciding which of these competing claimants was in fact Clarence’s widow.

Mary testified that she had never been divorced from Clarence. An exhaustive search of available records supported her claim.

Ethel, on the other hand, claimed that she had ceremonially married Clarence and that, under Michigan law, her more recent marriage was presumed to be valid. She was correct about this legal presumption.

However, the presumption was a rebuttable one and Mary successfully rebutted it. There was no evidence of a ceremonial marriage between Ethel and Clarence, whereas there was ample evidence that Mary and Clarence remained legally married.

Unfortunately for Ethel, the most she could claim was a common law marriage to Clarence, but even this claim rested on a shaky foundation. For even if she had met the requirements of a common law marriage, its validity was undermined by the fact that the previous marriage between Clarence and Mary had never been dissolved.

Under these facts, it was determined that Mary was Clarence’s widow and, accordingly, she was awarded the widow’s benefits.

It is unknown what became of Clarence in the hereafter. But hope springs eternal, and if you listen carefully each time a bell rings, it just may be that he has earned his wings.

See Social Security Ruling (SSR) 66-12c.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.