P.Roentgen

Brand new claimant taken out disabled widow's insurance coverage gurus to the worker's earnings record sexy austrian women, although Secretary rejected their own app while the claimant don't meet with the 9-month cycle-of-relationships requirement into the 42 You.S.C. 416(c). This denial is actually upheld by the district legal. The new claimant following appealed into U.S. Courtroom away from Is attractive on the Basic Routine. The latest courtroom of is attractive noted one to Puerto Rico doesn't admit common-laws marriage ceremonies and that certain requirements getting setting-up a legitimate matrimony inside the Puerto Rico are set ahead in Post 69 of one's Municipal Password, 30 L.A beneficial. § 231. The court unearthed that, in such a case, the requirements of Post 69 have been certainly perhaps not satisfied 9 weeks before the worker's passing. Brand new legal subsequent learned that the claimant's constitutional "equivalent shelter" attack into the 9-week period-of-matrimony specifications was invalid around Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The newest claimant together with debated that, since the she try the fresh worker's concubine, she had a right not as much as Puerto Rican law in order to inherit from the new worker's home since the his widow, and you may she will likely be considered become the latest widow of your own staff member lower than 42 You.S.C. 416(h)(1)(A). The new legal regarding appeals discovered that, lower than Puerto Rican rules, an excellent concubine out-of an employee has actually a right to a percentage of the home obtained over the course of concubinage but really does n't have a straight to inherit good widow's show of your own dead worker's intestate personal assets. Thus, this new claimant couldn't getting considered to-be this new widow of the fresh new staff lower than 42 You.S.C. 416(h)(1)(A) because of the applying of the law out-of Puerto Rico to the intestate series. Inside maintaining the latest section court's choice affirming the newest Secretary's assertion from this claim for widow's gurus, brand new judge out of appeals stored that the claimant wasn't titled to help you masters as the disabled widow of your own staff.

Appellant Esther Ayuso Morales tried Personal Protection disability positives established their particular status given that "widow" of the covered personnel Honorio Montanez Figueroa. Less than 42 You.S.C. § 416(c) so you can meet the requirements because the a good "widow" a woman must have started partnered for around 9 months in the course of their own partner's death. Appellant's wedding took place in the 9-few days months. Gurus were declined.

She argued you to definitely, due to the fact she together with staff member got cohabited for 2 decades earlier towards date of its ceremonial relationship, its cohabitation had turned the relationship to the an appropriate relationship better through to the 9-times months

On attract, she urges one she actually is still eligible since she cohabited that have their unique husband having 2 decades prior to its wedding. She contributes you to, in any event, significantly less than 42 You.S.C. § 416(h)(1)(A) an applicant are a great widow when the she would, "in regulations . . . [regarding Puerto Rico] determining the newest devolution from intestate private property, have a similar reputation . . . because a spouse . . . [or] widow. . . ." Find generally, Rombauer, Relationship Position and Eligibility getting Federal Statutory Money Experts: An ancient Survey, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She says that concubinage law out-of Puerto Rico provides their particular like condition.

We can not accept appellant's earliest argument. We understand one some typically common legislation jurisdictions recognize non-ceremonial otherwise "common-law marriages." Such marriages were created from the agree of one's events just like the virtually any package. F.W. Kuchlar, Laws out of Involvement and Relationships step one-5 (2d ed. 1978); pick O.E. Koegel, Common-law ent in america (1922). But common law marriages aren't approved when you look at the Puerto Rico. The fresh requisites out of a legitimate marriage within the Puerto Rico are set forward when you look at the Blog post 69 of your Municipal Password, 30 L.A good. § 231. Integrated of those requisites 's the "[a]uthorization and you can celebration off a matrimonial contract with respect to the models and solemnities prescribed by-law." From the absence of such versions and you will solemnities, there was no marriage. Rivera v. Area Court off San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-several (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).