She contends you to definitely cohabitation switched their matchmaking into a legal marriage long before new nine-month period

She contends you to definitely cohabitation switched their matchmaking into a legal marriage long before new nine-month period


The fresh new claimant taken out disabled widow’s insurance rates masters to the worker’s money number, nevertheless the Assistant refused their application because the claimant did not meet with the nine-times cycle-of-wedding demands when you look at the 42 U. 416(c). That it assertion was kept from the district judge. The fresh claimant upcoming appealed on the U.S. Courtroom from Appeals on the First Routine. The fresh legal away from is attractive noted that Puerto Rico doesn’t recognize common-laws marriage ceremonies and this the prerequisites to have setting up a valid wedding from inside the Puerto Rico are set ahead within the Post 69 of the Civil Code, 29 L.P.Roentgen.An effective. § 231. The fresh legal found that, in cases like this, the needs of Blog post 69 was in fact obviously perhaps not satisfied nine weeks ahead of the worker’s dying. The newest legal further found that the fresh new claimant’s constitutional “equivalent security” attack on 9-day stage-of-relationships specifications was invalid not as much as Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you can Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). New claimant and argued you to definitely, once the she are brand new worker’s concubine, she had the right significantly less than Puerto Rican rules so you can inherit off the latest worker’s property just like the his widow, and you may she can be considered to get brand new widow of your staff member below 42 U. 416(h)(1)(A). The newest legal off is attractive unearthed that, below Puerto Rican legislation, a great concubine out of a member of staff have a straight to a percentage of the property received over the course of concubinage however, really does n’t have a directly to inherit a great widow’s express of one’s lifeless worker’s intestate personal property. Therefore, new claimant cannot feel deemed as new widow off the latest employee not as much as 42 You. 416(h)(1)(A) by the application of regulations of Puerto Rico towards intestate sequence. During the maintaining the newest region court’s decision affirming this new Secretary’s assertion off which allege to have widow’s advantages, this new courtroom off appeals kept that claimant wasn’t called so you’re able to professionals as disabled widow of the staff member.

She contended you to definitely, since the she and the personnel got cohabited to possess two decades early in the day into day of the ceremonial relationship, its cohabitation got switched their relationships into a legal wedding well up until the nine-week period

Appellant Esther Ayuso Morales desired Social Safeguards disability gurus established their position as the “widow” of the insured personnel Honorio Montanez Figueroa. Not as much as 42 U. § 416(c) so you can be considered since a good “widow” a lady need been married for at least 9 days at the time of their unique husband’s dying. Appellant’s matrimony occurred during the 9-day several months. Benefits had been declined.

Toward focus, she urges one to she is however eligible given that she cohabited having their particular husband to own 2 decades in advance of the relationship. She contributes you to, in any event, below 42 U. § 416(h)(1)(A) an applicant was an effective widow in the event that she’d, “underneath the statutes . . . [off Puerto Rico] choosing new devolution out-of intestate private possessions, have the same condition . . . given that a partner . . . [or] widow. . . .” Find generally, Rombauer, Marital Status and you will Qualification for Government Legal Earnings Advantages: An old Survey, 52 Wash.L.Rev. 227, 257 et. seq. (1977). She states the concubinage law off Puerto Rico gets their own including status.

We can’t take on appellant’s first argument. We know one some traditional rules jurisdictions accept low-ceremonial or “common-law marriages.” These marriage ceremonies are manufactured because of the consent of your people given that another bargain. F.W. Kuchlar, Law from Wedding and you will Wedding step 1-5 (2d ed. 1978); get a hold of O.E. Koegel, Common law ent in america (1922). But common-law marriage ceremonies are not acknowledged in the Puerto Rico. The brand new requisites off a legitimate relationships Laotian fГЄmea for the Puerto Rico are prepared forth inside Post 69 of one’s Municipal Password, 30 L.P.R.A good. § 231. Incorporated among these requisites is the “[a]uthorization and affair of an excellent matrimonial offer with regards to the models and solemnities prescribed by law.” On the lack of such versions and you may solemnities, discover no wedding. Rivera v. Section Judge regarding San Juan, 58 P.R.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio en derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).

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