Last-in-Time-Marriage Presumption Law and Legal Definition

Last-in-time-marriage presumption is a presumption which states that the most recently contracted marriage is valid. This presumption generally arises in a situation where a person, believing him/her to be divorced, remarries, later dies, and the new spouse makes a claim for the decedent's pension benefits. Then a former spouse, claiming that there was never a valid divorce, also claims the right to receive the benefits. The last-in-time-marriage presumption operates so that the former spouse bears the burden of proving that there was no valid divorce.