Ask Larry

What Can We Do To Prove That My Mother And Father Were Married?

My father died and my mother needs a marriage license to get his benefits but she cannot find it. They were married 69 years, the marriage was in India. We live in Arizona. What can we do to prove they were married for social security purposes?

Hi. I'm sorry for your loss. Primary proof of marriage is a marriage certificate, but when primary proof isn't available and can't be obtained then Social Security can accept secondary proof. I don't know what type of secondary proof may be available in your mother's case, but items that can potentially be used for secondary proof of marriage are outlined in the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305025#a2.

Lacking primary or secondary proof of a marriage, Social Security can presume the existence of a ceremonial marriage under certain circumstances. That provision is explained in this section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305030.

The bottom line is that it is possible for your mother to be approved for benefits on your father's account without a marriage certificate, but it will almost certainly be an ordeal to jump through all of the hoops set down in the Social Security regulations. Unless your mother is able to locate her marriage certificate or get a certified copy from India, about the only thing she can do is apply for benefits and follow the directions provided in the Social Security manual sections linked above.

Best, Jerry

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Posted: 
Dec 10 2021 - 8:36pm
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