R married W in Arkansas in 1948, when he was under eighteen years of age. R and W had two children together before R died on March 14, 1964.
Shortly after R’s death, W applied for widow’s social security benefits, as well as children’s benefits for her two children.
At the time of R and W’s marriage, Arkansas law provided that a marriage involving a male under the age of eighteen or a female under the age of sixteen was void.
This law remained in effect until March 27, 1964, at which time such marriages were no longer void, but voidable pursuant to an amendment to the law.
The question was whether or not this law had retroactive effect to validate prior void marriages, even where one of the spouses had died.
The Attorney General of Arkansas answered this question in the affirmative. Thus, W was considered to be R’s widow and was entitled to widow’s benefits based on his work record.
See Social Security Ruling (SSR) 66-34.
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.