She contends you to definitely cohabitation transformed their unique relationship for the an appropriate matrimony long before brand new 9-times period

P.Roentgen

This new claimant removed disabled widow’s insurance experts into the worker’s income record, although Assistant refused her application because the claimant failed to meet up with the 9-times stage-of-relationships requirement inside 42 U.S.C. 416(c). So it assertion is actually upheld of the section courtroom. The claimant then appealed to your You.S. Legal out-of Appeals to your Earliest Routine. Brand new court away from is attractive detailed one Puerto Rico will not recognize common-laws marriage ceremonies and therefore the requirements to own creating a valid matrimony within the Puerto Rico are ready onward during the Post 69 of one’s Municipal Code, 30 L.A good. § 231. The fresh judge discovered that, in such a case, the requirements of Post 69 was clearly gorgeousbrides.net firmaets nettsted maybe not found nine months before the worker’s death. This new judge next unearthed that this new claimant’s constitutional “equivalent coverage” attack on 9-times stage-of-relationships requirements are incorrect less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The newest claimant in addition to contended one, since the she are the brand new worker’s concubine, she had the right less than Puerto Rican legislation in order to inherit off the new worker’s estate just like the his widow, and you will she is considered to-be the widow of the worker lower than 42 You.S.C. 416(h)(1)(A). The fresh legal out of is attractive unearthed that, around Puerto Rican laws, good concubine out-of a worker has actually a right to a portion of the property received over the course of concubinage however, does n’t have a directly to inherit a beneficial widow’s display of dry worker’s intestate personal possessions. Thus, brand new claimant couldn’t become considered getting the latest widow of the fresh new worker lower than 42 You.S.C. 416(h)(1)(A) because of the applying of legislation out of Puerto Rico for the intestate sequence. When you look at the maintaining the district court’s decision affirming the Secretary’s assertion away from this claim having widow’s gurus, brand new court off appeals kept your claimant wasn’t entitled in order to positives because disabled widow of one’s staff.

Appellant Esther Ayuso Morales found Public Coverage handicap advantages based upon their particular condition as the “widow” of your own insured staff Honorio Montanez Figueroa. Significantly less than 42 U.S.C. § 416(c) so you’re able to meet the requirements due to the fact a “widow” a lady must have already been married for at least 9 months at the time of their own partner’s passing. Appellant’s matrimony happened when you look at the nine-month months. Pros have been denied.

She contended that, because she while the employee got cohabited getting two decades earlier in the day on the time of its ceremonial relationships, the cohabitation had transformed its matchmaking into the an appropriate matrimony better before nine-month period

Towards interest, she appetite one to she’s nevertheless qualified due to the fact she cohabited that have their unique husband having 2 decades prior to its relationship. She adds you to definitely, in any event, not as much as 42 U.S.C. § 416(h)(1)(A) a candidate are a good widow in the event the she would, “within the statutes . . . [regarding Puerto Rico] deciding the fresh new devolution off intestate personal property, have the same updates . . . just like the a partner . . . [or] widow. . . .” Find generally, Rombauer, Marital Condition and Eligibility to possess Federal Legal Income Advantages: An old Questionnaire, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She claims the concubinage law away from Puerto Rico brings their eg position.

We can not deal with appellant’s basic argument. We realize one some typically common rules jurisdictions admit low-ceremonial otherwise “common law marriage ceremonies.” Such marriages are produced from the consent of events since the every other deal. F.W. Kuchlar, Laws away from Wedding and you can Marriage step one-5 (2d ed. 1978); pick O.E. Koegel, Common law ent in the united states (1922). But common law marriages commonly approved into the Puerto Rico. New requisites away from a legitimate marriage into the Puerto Rico are set forth from inside the Blog post 69 of one’s Municipal Code, 30 L.A great. § 231. Provided among these requisites is the “[a]uthorization and you may occasion from a beneficial matrimonial package with regards to the variations and solemnities given by law.” In the absence of this type of variations and you may solemnities, there clearly was zero marriage. Rivera v. District Legal away from San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).