W married R, not knowing that he had prior undissolved marriages. She underwent the marriage ceremony in good faith, and the marriage would have been valid but for the legal impediment of R’s previous undissolved marriage.
R passed away in 1965, domiciled in the state of Ohio. W applied for widow’s social security benefits based on R’s earnings record.
Under Ohio law, the burden was on W (the subsequent wife) to prove the dissolution of R’s prior marriage. This she could not do.
However, she could still qualify for widow’s benefits if she 1) entered into her marriage with R in good faith 2) not knowing of a legal impediment preventing the marriage from being valid 3) but for which the marriage would have been valid 4) and she was living with R at the time of his death 5) and there was no other person who could qualify for widow’s benefits based on R’s earnings record.
Because W met this equitable test, she qualified to widow’s benefits.
See Social Security Ruling (SSR) 68-63.