A claimant from Puerto Rico applied for widow’s social security disability benefits after her husband passed away. She had been married to him for less than nine months at the time of his passing. Her benefits were denied because she had not met the nine month marriage requirement. She appealed.

On appeal to the First Circuit Court of Appeals, she argued that, although she had been formally married to her deceased husband for less than nine months, she had cohabited with him for more than twenty years prior to their ceremonial marriage, and that this cohabitation had transformed their relationship into a legal marriage long before he shuffled off this mortal coil, as the poet says.

The Court disagreed, observing that Puerto Rican law does not recognize common law marriage, something traceable all the way back to the Council of Trent (an ecumenical Council held by the Roman Catholic Church in northern Italy from 1545-63 in response to the Protestant Reformation). However, as time rolled on, the law has treated these cohabiting relationships with increasing liberality. Thus, claimant’s argument that she had acquired certain property rights during her period of concubinage had merit.

However, although she may have acquired concubine’s property rights, under the law, she still could not inherit a widow’s share of her paramour’s personal property. This was the litmus test required by the applicable statute. Thus, while the Court found no important policy reasons to deny claimant’s widow’s benefits, the law simply did not allow it.

See Alyson-Morales v. Secretary of Health and Human Services, 677 F.2d 146 (1st Cir. 1982). See also Social Security Ruling (SSR) 88-7c.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.