P.R
New claimant removed disabled widow’s insurance policies masters for the worker’s earnings record, but the Secretary denied her software due to the fact claimant don’t meet with the 9-week years-of-marriage demands for the 42 You.S.C. 416(c). That it assertion is kept because of the area court. The fresh claimant next appealed towards You.S. Judge from Appeals with the Basic Routine. The fresh new courtroom away from is attractive listed one to Puerto Rico cannot accept common-laws marriage ceremonies and this certain requirements to have creating a legitimate marriage into the Puerto Rico are set forth into the Post 69 of one’s Civil Password, 31 L.A beneficial. § 231. The brand new court unearthed that, in such a case, the needs of Blog post 69 were obviously maybe not fulfilled 9 weeks before the worker’s demise. The fresh court then found that the latest claimant’s constitutional «equivalent protection» attack on 9-few days duration-of-marriage requirements try invalid significantly less than Weinberger v. Salfi, 422 U.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, 50 L.Ed.2d 389 (1976). The new claimant and additionally debated you to definitely, because the she was the latest worker’s concubine, she had the right around Puerto Rican law to inherit out of new worker’s estate since their widow, and she might be deemed become the fresh widow of personnel less than 42 You.S.C. 416(h)(1)(A). The latest courtroom out-of appeals unearthed that, under Puerto Rican rules, a concubine away from an employee keeps a straight to a share of the property gotten during the period of concubinage but do n’t have a right to inherit an excellent widow’s show of your own dry worker’s intestate private assets. Ergo, the fresh claimant couldn’t getting considered to be the fresh widow of the fresh new employee less than 42 U.S.C. 416(h)(1)(A) by applying of regulations off Puerto Rico to your intestate series. In maintaining the new region court’s choice affirming the new Secretary’s assertion from which allege for widow’s pros, this new court of is attractive stored the claimant wasn’t entitled to help you gurus because the handicapped widow of one’s employee.
Appellant Esther Ayuso Morales wanted Social Protection impairment pros established their updates while the «widow» of one’s insured worker Honorio Montanez Figueroa. Below 42 U.S.C. § 416(c) so you can meet the requirements since the a beneficial «widow» a woman need become married for around nine weeks during the time of their particular partner’s dying. Appellant’s relationship occurred in 9-day period. Advantages were rejected.
She argued one to, once the she additionally the staff member had cohabited to own 20 years earlier in the day for the go out of the ceremonial wedding, its cohabitation had turned their relationship on the a legal marriage really before 9-month several months
Toward focus, she cravings one she’s nonetheless eligible as the she cohabited having their unique spouse having 20 years ahead of their matrimony. She adds you to definitely, anyway, not as much as 42 U.S.C. § 416(h)(1)(A) a candidate are a great widow if the she’d, «underneath the laws . . . [from Puerto Rico] determining the new devolution of intestate individual property, have the same updates . . . just like the a spouse . . . [or] widow. . . .» Look for generally, Rombauer, Marital Condition and you will Eligibility to own Government Statutory Earnings Positives: A historical Questionnaire, 52 Clean.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that the concubinage legislation out-of Puerto Rico gives their own such as for instance condition.
We can’t deal with appellant’s very first disagreement. We know one to some traditional legislation jurisdictions recognize non-ceremonial or «common law marriage ceremonies.» These marriages are available from the consent of the events as almost every other offer. F.W. Kuchlar, Laws out-of Engagement and you may Matrimony 1-5 (2d ed. 1978); find O.Age. Koegel, Common-law ent in the united states (1922). But common-law marriages commonly recognized https://kissbrides.com/hot-belarus-women/ for the Puerto Rico. The fresh requisites away from a valid marriage during the Puerto Rico are prepared forth inside the Post 69 of the Municipal Password, 29 L.A good. § 231. Incorporated of those requisites is the «[a]uthorization and you will affair regarding a beneficial matrimonial price with regards to the variations and you will solemnities recommended legally.» Regarding the lack of these types of versions and you can solemnities, there’s no marriage. Rivera v. District Courtroom of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este 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).