## Facts

- Rithie Parker married George Parker in 1970.
- In 1973, George obtained an Indiana divorce decree after filing an affidavit falsely asserting that Rithie had left the state and her whereabouts were unknown, though she was living in the marital home in Indiana.
- Service of process in the divorce was by publication only; Rithie received no actual notice, and a default divorce was entered.
- After learning of the decree, Rithie filed an Indiana action to set it aside for fraud; about fifteen months later George died (1975), and the state court dismissed the action as moot.
- Rithie applied for Social Security widow’s benefits; the SSA denied the claim, reasoning that the divorce decree ended the marriage before George’s death.
- An ALJ found the divorce was procured by fraud but treated the decree as voidable (not void) and thus effective unless set aside by a court.
- After federal-court remand for further consideration, the SSA again denied benefits; the district court affirmed on the ground that a voidable decree is valid until vacated.
- Rithie appealed to the Seventh Circuit.

## Issues

1. Whether the SSA and federal courts, when deciding eligibility for Social Security widow’s benefits, may determine under state law the effect of a divorce decree allegedly procured by fraud.
2. Whether the Indiana divorce decree should be treated as void (leaving the marriage intact) or merely voidable (remaining effective unless and until set aside).
3. Whether the SSA may require the claimant to obtain a state-court order vacating the decree as a prerequisite to receiving federal widow’s benefits.

## Decision

- The Seventh Circuit reversed the district court and remanded.
- The court held that the SSA and federal courts must apply state law to decide the claimant’s marital status for federal benefit purposes, including evaluating a fraudulently obtained divorce decree’s effect.
- The court rejected the view that the SSA must treat the decree as dispositive unless a state court formally vacates it.
- The court also rejected requiring the claimant to return to state court solely to obtain a vacatur to support a federal benefits determination.

## Legal Principles

- Eligibility for Social Security widow’s benefits turns on marital status as determined under applicable state law, and the SSA must apply that law in adjudicating claims.
- Federal agencies and courts may interpret and apply state law to assess the effect of a state divorce decree, including distinctions between void and voidable judgments and the consequences of fraud.
- The SSA may not shift responsibility for determining entitlement to federal benefits to state courts by demanding a separate state proceeding to set aside a suspect decree when state law permits evaluating the decree’s effect in collateral contexts.
- Fraud and lack of actual notice may be legally significant in assessing whether a divorce decree should be treated as ending a marriage for purposes of determining survivor benefits.

## Conclusion

The Seventh Circuit required the SSA to determine, under Indiana law, whether a divorce decree procured by fraud left the claimant legally married at the worker’s death for purposes of widow’s benefits, without insisting on a separate state-court vacatur as a condition of federal entitlement.


Parker v. Sullivan, 898 F.2d 578 (7th Cir. 1990)