8.3.1.3 Legality of Marriage as Affecting Entitlement

• Jurisdiction: Arizona

. To be eligible for death compensation benefits, the surviving spouse must have been legally married to the deceased employee at the time of the injury.^[35] Ordinary domestic relations law determines the validity of the marriage.^[36] The Industrial Commission cannot collaterally attack a superior court judgment of annulment.^[37] Arizona will recognize a marriage––including a common law marriage––if valid where contracted.^[38]

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^[35]Gamez v. Industrial Comm’n, 114 Ariz. 179, 559 P.2d 1094 (1976); Tipton v. Industrial Comm’n, 2 Ariz. App. 339, 409 P.2d 55 (1965); Black v. Industrial Comm’n, 83 Ariz. 121, 317 P.2d 553 (195...