Void vs. Voidable Marriages

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid, Inc.

Marriage is not only a personal commitment but also a legal relationship that significantly impacts many aspects of life, particularly later in life. Seniors may encounter questions about the validity of a past or present marriage while handling end-of-life decisions, healthcare decisions, inheritance, government benefits, long-term care eligibility, et cetera. In some cases, what appears to be a lawful marriage may actually be invalid from the start or subject to being declared invalid by a court. There are two types of legally flawed marriages, which are void marriages and voidable marriages.

Firstly, a void marriage is one that was never legally valid. It is treated as if it never happened, regardless of how long the parties lived together or believed themselves to be married. There are two types of void marriages per W.Va. Code §48-3-103. One is bigamy, which occurs when one of the parties was already legally married to someone else at the time of the marriage. A person cannot be married to more than one spouse at a time, and any subsequent marriage while a prior marriage is still valid is void. Another is incest, which involves marriages between close relatives (e.g., siblings or a parent and child). These types of marriages are prohibited by law and are void regardless of intentions or beliefs.

Secondly and comparatively, a voidable marriage is considered legally valid unless it is challenged in court and annulled. These marriages contain a legal defect that existed when the two parties entered into marriage. Three primary grounds make a marriage voidable. The first is when one of the parties was underage at the time of marriage and did not have the requisite legal consent. In most cases, parties must be at least 18 years old to marry, although exceptions exist with parental or court approval. The second is incapacity, which may include situations where a party was unable to understand the nature of the marriage due to illness, intoxication, or another condition affecting their ability to consent. The third ground is when the marriage was induced by fraud or duress. This means one party was tricked or misled into the marriage or was pressured or forced into it against their will.

To have a voidable marriage legally set aside, one of the parties must file a court action for an annulment. An annulment is a legal procedure that declares a marriage invalid from the start, based on a defect that existed at the time the marriage was formed. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as if it never legally occurred. However, annulments are not automatically granted. The party requesting an annulment must show that the marriage suffers from a serious defect dating to its inception, rendering it void or voidable. For example, if the annulment is based on fraud, the petitioner must show what the fraudulent act was and how it influenced their decision to marry.

For seniors, the legal status of a marriage may have lasting effects. If a marriage is void or annulled, it may affect the rights of spouses to inherit property, collect Social Security spousal benefits, make healthcare decisions for one another, et cetera. Questions about the validity of a marriage may arise when reviewing wills and trusts, applying for Medicaid, resolving title or ownership of a home, or managing long-term care arrangements. It is also not uncommon for seniors to discover late in life that a past marriage was never legally dissolved or that someone they considered a spouse was not legally married under the law, and they are likely a “punitive spouse” if they detrimentally relied on this belief.

If you are unsure about the legal status of your marriage, it is better to ask questions now than to leave these matters unresolved. Because of the legal complexities involved, seniors with concerns about the validity of a marriage should contact a licensed attorney. West Virginia Senior Legal Aid is dedicated to defending seniors’ rights.