P.Roentgen
The latest claimant taken out handicapped widow’s insurance policies positives with the worker’s money record, nevertheless the Secretary rejected their particular software just like the claimant don’t meet up with the 9-times course-of-marriage requisite in the 42 U.S.C. 416(c). That it assertion try kept by the area judge. Brand new claimant next appealed on the You.S. Legal out-of Appeals for the Very first Routine. The new courtroom out of appeals detailed one Puerto Rico will not accept common-legislation marriage ceremonies and that the are all ethiopia women beautiful? prerequisites to own installing a legitimate wedding in the Puerto Rico are prepared ahead within the Post 69 of your own Civil Code, 29 L.A great. § 231. The brand new court found that, in this case, the needs of Post 69 have been obviously maybe not satisfied 9 weeks ahead of the worker’s death. Brand new legal further found that the fresh new claimant’s constitutional “equal defense” attack towards 9-times years-of-matrimony specifications are invalid significantly less than 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 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The newest claimant along with debated you to definitely, since she try the fresh new worker’s concubine, she had the right around Puerto Rican laws so you can inherit out of the worker’s estate because his widow, and she are going to be considered is the brand new widow of one’s employee less than 42 U.S.C. 416(h)(1)(A). This new judge out-of is attractive learned that, below Puerto Rican rules, a great concubine of a member of staff possess a right to a share of the home obtained throughout concubinage however, do n’t have a directly to inherit good widow’s show of your own deceased worker’s intestate personal assets. Hence, this new claimant couldn’t be considered to get the newest widow out-of the staff member not as much as 42 U.S.C. 416(h)(1)(A) by the application of regulations out-of Puerto Rico to your intestate sequence. Into the maintaining the district court’s choice affirming this new Secretary’s denial away from which claim getting widow’s professionals, brand new court off appeals stored your claimant wasn’t called so you’re able to masters since disabled widow of the worker.
Appellant Esther Ayuso Morales looked for Personal Coverage disability experts established their position once the “widow” of the insured staff member Honorio Montanez Figueroa. Less than 42 U.S.C. § 416(c) so you can meet the requirements because the a great “widow” a woman need to have come hitched for around nine days during her partner’s dying. Appellant’s relationships happened when you look at the nine-few days months. Professionals have been refused.
She argued you to, while the she therefore the worker had cohabited getting two decades earlier in the day into day of their ceremonial relationship, its cohabitation got transformed their matchmaking on the a legal marriage well until the 9-times months
To your focus, she cravings that she’s nonetheless eligible due to the fact she cohabited having their unique spouse to have 20 years just before the matrimony. She contributes you to, anyhow, less than 42 U.S.C. § 416(h)(1)(A) an applicant is a beneficial widow in the event that she would, “under the regulations . . . [away from Puerto Rico] deciding the brand new devolution out of intestate private assets, have a similar condition . . . since a spouse . . . [or] widow. . . .” See essentially, Rombauer, Marital Status and you will Qualifications to own Federal Legal Money Benefits: A historical Questionnaire, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She claims your concubinage legislation of Puerto Rico gives their unique such as reputation.
We simply cannot take on appellant’s earliest disagreement. We all know you to definitely some common rules jurisdictions recognize low-ceremonial otherwise “common-law marriages.” These types of marriage ceremonies are produced by the consent of your own events since the any package. F.W. Kuchlar, Laws from Involvement and you can Matrimony step one-5 (2d ed. 1978); select O.Elizabeth. Koegel, Common law ent in the usa (1922). However, common-law marriages aren’t accepted inside the Puerto Rico. Brand new requisites regarding a valid relationship in the Puerto Rico are prepared forward in Post 69 of Municipal Password, 31 L.An excellent. § 231. Provided of the requisites ‘s the “[a]uthorization and you may event off an effective matrimonial bargain according to the versions and you will solemnities recommended for legal reasons.” From the lack of this type of versions and you can solemnities, there is no relationship. Rivera v. Region Court of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-several (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).