P.Roentgen
New claimant applied for handicapped widow’s insurance policies experts into worker’s earnings list, although Assistant refuted her application once the claimant did not meet the nine-week stage-of-wedding requisite into the 42 You.S.C. 416(c). So it assertion is actually kept by the district judge. The latest claimant then appealed into U.S. Court away from Appeals towards Earliest Circuit. The latest judge from is attractive indexed one Puerto Rico does not recognize common-rules marriage ceremonies hence the requirements getting installing a legitimate marriage during the Puerto Rico are set ahead inside Blog post 69 of your Municipal Password, 30 L.A. § 231. The brand new courtroom unearthed that, in this case, the needs of Post 69 have been obviously maybe not met nine days ahead of the worker’s passing. The newest courtroom after that unearthed that the latest claimant’s constitutional “equal defense” assault to your 9-times stage-of-wedding needs is actually invalid around Weinberger v. Salfi, 422 You.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). The latest claimant and additionally contended one to, as she try the worker’s concubine, she had the right less than Puerto Rican law so you can inherit of the latest worker’s home given that their widow, and she would be deemed to-be the brand new widow of your personnel under 42 You.S.C. 416(h)(1)(A). The fresh new court regarding is attractive learned that https://kissbrides.com/hot-american-women/, under Puerto Rican rules, an effective concubine out of an employee has actually a right to a share of the property acquired during the period of concubinage however, does not have a directly to inherit an effective widow’s express of dry worker’s intestate private assets. Ergo, the latest claimant could not end up being considered to get the newest widow regarding the brand new staff not as much as 42 You.S.C. 416(h)(1)(A) because of the applying of regulations regarding Puerto Rico into the intestate series. From inside the maintaining the newest district court’s choice affirming the fresh Secretary’s assertion regarding it allege to have widow’s positives, the fresh legal regarding appeals stored that the claimant wasn’t named to pros as disabled widow of the staff member.
Appellant Esther Ayuso Morales tried Societal Cover handicap positives dependent their own status as the “widow” of insured personnel Honorio Montanez Figueroa. Less than 42 U.S.C. § 416(c) in order to be considered due to the fact a beneficial “widow” a female need to have already been partnered for at least nine weeks during the time of their own partner’s demise. Appellant’s relationships happened inside the nine-month several months. Professionals was indeed refused.
She debated you to, as the she plus the personnel got cohabited to possess 2 decades earlier in the day towards the date of their ceremonial wedding, the cohabitation had transformed the dating on the a legal relationship well before nine-month months
On attract, she cravings one to the woman is however eligible because the she cohabited which have their own spouse getting 2 decades before their matrimony. She adds one to, anyhow, lower than 42 U.S.C. § 416(h)(1)(A) a candidate was good widow if she would, “under the statutes . . . [regarding Puerto Rico] determining this new devolution from intestate private property, have a similar reputation . . . just like the a partner . . . [or] widow. . . .” Discover essentially, Rombauer, Marital Condition and you will Qualifications to possess Government Statutory Money Positives: An old Survey, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She says your concubinage legislation regarding Puerto Rico offers her instance position.
We cannot undertake appellant’s earliest disagreement. We all know that some typically common legislation jurisdictions know non-ceremonial or “common law marriages.” This type of marriages are made by the agree of activities while the every other offer. F.W. Kuchlar, Law regarding Wedding and you may Wedding step one-5 (2d ed. 1978); get a hold of O.Elizabeth. Koegel, Common-law ent in the usa (1922). However, common law marriages commonly acknowledged inside the Puerto Rico. Brand new requisites off a valid relationship from inside the Puerto Rico are prepared onward during the Article 69 of Civil Code, 30 L.An effective. § 231. Provided of these requisites is the “[a]uthorization and you can event from an excellent matrimonial offer according to models and you can solemnities prescribed legally.” About absence of these types of versions and you can solemnities, there is certainly zero relationships. Rivera v. Area Legal regarding San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).