P.R
The claimant applied for disabled widow’s insurance advantages into worker’s income list, although Secretary refused their unique software since claimant failed to meet up with the nine-month duration-of-wedding specifications from inside the 42 U.S.C. 416(c). It assertion is kept by the district courtroom. The cute and sexy Arabian women fresh claimant up coming appealed on the You.S. Judge of Appeals towards the Earliest Circuit. The new legal away from appeals listed you to definitely Puerto Rico doesn’t acknowledge common-legislation marriage ceremonies hence certain requirements to possess installing a valid marriage for the Puerto Rico are ready onward inside Post 69 of Civil Password, 31 L.A beneficial. § 231. This new courtroom unearthed that, in this case, the needs of Article 69 was indeed clearly perhaps not satisfied 9 days before the worker’s dying. This new courtroom after that unearthed that the fresh new claimant’s constitutional “equivalent protection” attack with the nine-times course-of-wedding needs was invalid around Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you will Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The fresh claimant as well as contended one, once the she was the fresh new worker’s concubine, she got the right less than Puerto Rican laws in order to inherit regarding the newest worker’s estate once the his widow, and she are considered to be the newest widow of one’s employee not as much as 42 You.S.C. 416(h)(1)(A). The newest judge of appeals unearthed that, significantly less than Puerto Rican legislation, a good concubine away from a member of staff provides a directly to a percentage of the property obtained over the course of concubinage however, do not have a straight to inherit a great widow’s express of your own dry worker’s intestate individual property. Ergo, the fresh new claimant couldn’t be considered as the new widow of new personnel less than 42 U.S.C. 416(h)(1)(A) because of the application of what the law states off Puerto Rico on intestate succession. From inside the maintaining this new section court’s choice affirming brand new Secretary’s assertion of which allege to possess widow’s advantages, the new judge out of appeals held that the claimant was not called so you’re able to masters once the disabled widow of your worker.
Appellant Esther Ayuso Morales sought Social Defense impairment professionals depending their condition because the “widow” of the covered employee Honorio Montanez Figueroa. Around 42 U.S.C. § 416(c) so you can meet the requirements due to the fact a beneficial “widow” a woman need started hitched for at least nine weeks at the time of her husband’s dying. Appellant’s relationships happened when you look at the nine-few days period. Masters had been denied.
She debated one, since the she additionally the worker got cohabited to own 2 decades previous into day of their ceremonial matrimony, its cohabitation got transformed their relationships on an appropriate matrimony well up until the nine-week months
Into the notice, she urges one to she actually is still eligible because she cohabited that have their particular husband getting 20 years just before its matrimony. She adds that, anyway, around 42 You.S.C. § 416(h)(1)(A) an applicant is actually an effective widow if she would, “under the regulations . . . [out-of Puerto Rico] choosing the devolution regarding intestate individual assets, have the same standing . . . since the a wife . . . [or] widow. . . .” Discover basically, Rombauer, Marital Updates and you can Eligibility getting Government Legal Income Professionals: An ancient Survey, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She says that concubinage rules off Puerto Rico gets her for example status.
We can not accept appellant’s first conflict. We know you to definitely some traditional legislation jurisdictions accept low-ceremonial or “common-law marriage ceremonies.” These types of marriages are formulated of the concur of your functions given that any contract. F.W. Kuchlar, Laws regarding Involvement and you will Wedding step one-5 (2d ed. 1978); find O.Elizabeth. Koegel, Common-law ent in the us (1922). However, common law marriage ceremonies commonly acknowledged in Puerto Rico. The fresh requisites of a legitimate relationship in the Puerto Rico are prepared onward inside the Blog post 69 of Municipal Code, 31 L.An effective. § 231. Provided of the requisites is the “[a]uthorization and you may occasion off an effective matrimonial contract with regards to the models and you may solemnities recommended legally.” On absence of such variations and solemnities, there is no relationship. Rivera v. District Legal of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).