She argues one to cohabitation switched their matchmaking toward a legal marriage long before the latest nine-day several months

S.C

The fresh claimant removed handicapped widow’s insurance professionals towards the worker’s money number, nevertheless Secretary denied her app since the claimant failed to meet up with the 9-week cycle-of-marriage demands when you look at the 42 You. 416(c). Which assertion is upheld of the area court. The latest claimant next appealed on the You.S. Court out-of Is attractive toward Very first Circuit. The fresh court regarding appeals detailed you to definitely Puerto Rico will not recognize common-laws marriages hence certain requirements to have establishing a legitimate wedding in the Puerto Rico are prepared onward within the Article 69 of your Civil Password, 29 L.P.Roentgen.A. § 231. The fresh new courtroom learned that, in such a case, the needs of Blog post 69 have been certainly not met 9 weeks prior to the worker’s demise. The legal after that discovered that the brand new claimant’s constitutional „equal safeguards“ attack with the nine-week cycle-of-matrimony specifications is actually invalid under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The new claimant together with debated one, just like the she are the fresh worker’s concubine, she got a right not as much as Puerto Rican rules so you’re able to inherit from the latest worker’s estate because their widow, and she are considered are the latest widow of staff less than 42 You. 416(h)(1)(A). The newest legal from is attractive unearthed that, under Puerto Rican rules, good concubine CrГ©ditos loveswans of a member of staff have a straight to a share of the home gotten throughout concubinage but do not have a straight to inherit a good widow’s display of one’s inactive worker’s intestate individual possessions. Thus, the fresh new claimant could not become considered becoming the latest widow away from the fresh new staff around 42 U. 416(h)(1)(A) by application of the law of Puerto Rico towards the intestate succession. When you look at the maintaining the brand new region court’s decision affirming the Secretary’s assertion out-of this allege to own widow’s experts, the latest judge from appeals held that the claimant wasn’t titled so you can benefits given that disabled widow of your own personnel.

She argued one to, while the she plus the staff got cohabited to own 2 decades past towards the time of the ceremonial relationships, their cohabitation got transformed their dating toward an appropriate marriage well through to the nine-month period

Appellant Esther Ayuso Morales desired Personal Security handicap experts depending their standing as „widow“ of your covered staff Honorio Montanez Figueroa. Less than 42 You. § 416(c) so you can meet the requirements once the a great „widow“ a female should have already been hitched for at least 9 days during her partner’s demise. Appellant’s relationships occurred in nine-month months. Experts was in fact declined.

On the interest, she appetite you to definitely the woman is nevertheless qualified just like the she cohabited that have their unique spouse to possess twenty years in advance of its wedding. She contributes one, in any event, not as much as 42 U. § 416(h)(1)(A) a candidate was a good widow if the she’d, „in laws . . . [off Puerto Rico] determining this new devolution of intestate private assets, have a similar condition . . . as the a wife . . . [or] widow. . . .“ Get a hold of fundamentally, Rombauer, Relationship Updates and you may Qualifications to possess Federal Legal Earnings Positives: An old Survey, 52 Wash.L.Rev. 227, 257 et. seq. (1977). She says your concubinage legislation from Puerto Rico gets their particular such as position.

We can not undertake appellant’s very first dispute. We know one some common law jurisdictions accept non-ceremonial otherwise „common-law marriage ceremonies.“ Such marriage ceremonies are designed by the concur of your own people since the another bargain. F.W. Kuchlar, Rules out of Involvement and you may Wedding 1-5 (2d ed. 1978); discover O.E. Koegel, Common-law ent in america (1922). However, common-law marriages are not approved inside the Puerto Rico. The latest requisites of a valid relationships when you look at the Puerto Rico are ready forth for the Blog post 69 of your own Municipal Password, 30 L.P.R.An effective. § 231. Integrated of the requisites ‘s the „[a]uthorization and occasion off a beneficial matrimonial package with respect to the variations and you can solemnities prescribed legally.“ From the absence of these types of versions and you will solemnities, discover no relationship. Rivera v. District Judge away from San Juan, 58 P.Roentgen.R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-a dozen (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).