W married H-1 in 1926; however, they split up shortly after the marriage and never got back together again. In 1929 (the year of the Great Stock Market Crash that precipitated the Great Depression — a little bonus history lesson), W began living with H-2.

They had three children together and lived happily ever after, but never entered into a ceremonial marriage.

In December 1961 W attained age 62 and applied for wife’s social security benefits. At the time, both H-1 and H-2 were receiving old age social security benefits.

W stated that she preferred to receive wife’s benefits based on H-2’s earnings record. In order for this to happen W needed to show either that: 1) she and H-2 were validly married at the time, or 2) she would have the same status as H-2’s wife for purposes of inheriting H-2’s personal property under state intestacy laws. Under certain circumstances, W could be deemed H-2’s wife if she underwent a marriage ceremony with him in good faith and met certain other conditions.

Under California law (the state where H-1 was domiciled), W was considered H-1’s lawful wife. Under New Jersey’s laws (the state where W and H-2 were domiciled at the time of her application), W was not considered H-1’s lawful wife, nor could she inherit from him as such under state intestacy laws.

Held: W could receive wife’s benefits, but only on H-1’s earnings record.

See Social Security Ruling (SSR) 62-57.

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.