Claiming Rules
Understanding Void and Putative Marriages for Social Security Benefits
Verified against SSA POMS as of September 25, 2026
The short answer
Void Marriages are legally non-existent from the beginning under state law and generally require no formality to terminate. Putative Marriages involve a good faith belief in the marriage's validity despite legal defects. These relationships may affect benefits eligibility depending on the state law.
Definition of Void Marriages
A void marriage is a relationship that is legally nonexistent from the beginning under state law. Parties to a void marriage are considered as never having been married, and no formal action is typically required to terminate such a marriage. Under certain circumstances, a court may issue an order affirming a marriage as void (e.g., an annulment decree). A void marriage does not affect entitlement to Social Security benefits since it is treated as if it never existed GN 00305.125.
GN 00305.125 View source ›Definition of Putative Marriages
A putative marriage occurs when one or both parties enter a marriage with the good faith belief that the marriage is valid, despite it having legal issues that render it invalid. Good faith must continue throughout the person's lifetime or until the death of the worker. The state laws that recognize putative marriages allow a party to such a marriage to acquire inheritance rights as if they were a legal spouse RS 00203.020.
RS 00203.020 View source ›Effect of Void and Putative Marriages on Benefits
For Social Security purposes, a void marriage generally does not preclude benefits since it is considered nonexistent. However, in Louisiana, a putative marriage can terminate entitlement benefits for months prior to the termination of the putative relationship upon discovering its defective nature. For other states, putative marriages do not bar entitlement to benefits RS 00209.005.
RS 00209.005 View source ›State Variations in Putative Marriages
Putative marriages are recognized differently by each state, and the conditions for recognition and the implications for benefits vary. In Louisiana, civil effects continue in favor of a party acting in good faith until the marriage is declared null or until a valid marriage is contracted GN 00305.085.
GN 00305.085 View source ›Implications for Children of Void or Putative Marriages
Children born of a void or putative marriage may have different legitimacy and inheritance rights depending on state laws. In states with laws recognizing putative marriages, children may be deemed legitimate, granting them eligibility for benefits under certain conditions GN 00306.035.
GN 00306.035 View source ›Frequently asked
What happens to my benefits if my marriage is void?
A void marriage is treated as if it never existed, so it generally does not affect your entitlement to Social Security benefits.
Is a putative marriage recognized for Social Security benefits in all states?
No, putative marriages are recognized differently by each state. They may allow for benefits in some states based on inheritance rights.
Do I need a court order to end a void marriage?
Generally, a void marriage requires no formal action to terminate, although a court may issue an order in certain circumstances.
How does a putative marriage affect child benefits?
In states recognizing putative marriages, children may be granted legitimacy and eligibility for benefits despite the marriage's invalidity.
Can a putative marriage in Louisiana affect benefit entitlement?
Yes, in Louisiana, a putative marriage can affect benefits by terminating entitlement for months before discovery of the marriage's defects.