H was married to his first wife in 1934 and separated about a year later. In 1943, his wife obtained a divorce in Mexico. Neither she nor H was domiciled in Mexico, and H had not made an appearance in the case. Wife remarried to another husband soon thereafter.

H also remarried to E, and they had a son together in 1950. H and E lived together until H died in July 1960.

The nature of H’s work demanded that he travel frequently both inside and outside the United States, such that it was impossible to determine all of the places where he had lived and worked. He died in Iran, where he was working at the time. Although H was in Iran when he died, his domicile was in the state of Texas.

E and her son returned from Iran to the United States. She filed for social security benefits for herself and her child based on H’s work record.

The question was whether E was considered H’s widow for social security purposes. In order to determine this, the agency needed to look to the laws of the state of Texas, where H was domiciled at your he time of his death.

Under Texas law, there was a strong presumption of the validity of a marriage, which could only be overcome by clear and decisive evidence.

Although the Mexican divorce H’s first wife obtained was likely invalid under Texas law (because neither party was domiciled there), it was impossible to prove that H had not obtained a valid divorce elsewhere, in one of the many jurisdictions in which he had lived. Because of this, Texas’ strong presumption in favor of the validity of a marriage was not overcome by clear and decisive evidence.

Held: E was entitled to benefits on H’s earnings record.

See Social Security Ruling (SSR) 62-37.

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.