QUESTION PRESENTED
               Can the agency deem the claimant to be the widow of the NH for widow's Title II benefits
                  if they lived in a de facto union for several years in Costa Rica?[1]
               Opinion
                
               Costa Rica recognizes de facto unions. However, under Costa Rican law, a de facto
                  union does not confer upon the surviving member of that union the same intestate succession
                  rights as marriage confers upon a widow. Accordingly, even if the claimant can establish
                  that she was in a de facto union with the NH, the agency cannot deem the claimant
                  the NH’s widow for Title II purposes.[2]
               BACKGROUND
               The claimant and the NH lived as a couple in Costa Rica, beginning in May 2008. They
                  married in November 2013. The NH died in June 2014. In January 2016, the claimant
                  applied for benefits on the NH's record.
               
               ANALYSIS[3]
               To be entitled to widow’s insurance benefits under the Act, a claimant must show,
                  among other things, that she is the “widow” of an insured and that she was married
                  to the insured for a period of nine months. 42 U.S.C. § 402(e)(1). As pertinent here,
                  the Act provides two methods for a claimant to show she is the widow of an insured
                  who was domiciled outside the United States.[4] First, a claimant is the widow of such insured if the courts of the District of Columbia
                  would find that the claimant was validly married to the insured for at least nine
                  months at the time the insured died. 42 U.S.C. §§ 416(c)(1), 416(h)(1)(A)(i); 20 C.F.R.
                  § 404.345. Second, if the claimant was not validly married to such insured for at
                  least nine months at the time the insured died, the claimant will be deemed to be
                  the insured’s widow if, under the law applied by the courts of the District of Columbia
                  in determining the devolution of intestate personal property, the claimant would have
                  the “same status” as a widow of the insured with respect to the taking of such property.
                  42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345.
               
               The claimant and NH were validly married, but the marriage did not meet the
                     nine-month durational requirement.
               
               Under the law of the District of Columbia, the validity of a marriage is determined
                  by the law of the jurisdiction where the marriage was entered into. See McConnell v.
                     McConnell, 99 F. Supp. 493, 494 (D.D.C. 1951); Carr v. Varr, 82 F. Supp. 398 (D.D.C. 1949); Gerardi v. Gerardi, 69 F. Supp. 296 (D.D.C. 1946).
               
               Here, the claimant and NH were legally married in Costa Rica on November 25, 2013.
                  However, the NH died on June 27, 2014. Because the marriage did not last at least
                  nine months before the insured died, the claimant is not entitled to Title II widow’s
                  benefits on the record of the NH based on the November 2013 marriage. See 42 U.S.C. §§ 416(c), (g); 20 C.F.R. § 404.335.
               
               The claimant does not have the same status as a widow of the NH under the intestacy
                     law of Costa Rica.
               
               Since the claimant was not married to the NH for at least nine months, the agency
                  can deem the claimant to be the NH’s widow if, under the law applied by the courts
                  of the District of Columbia in determining the devolution of intestate personal property,
                  she has the “same status” as a widow of the NH with respect to the taking of such
                  property. 42 U.S.C § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345.[5]
                
               Under District of Columbia law, the law of the decedent’s domicile determines intestate
                  inheritance rights. Javier v. Comm’r of Soc. Sec., 407 F.3d 1244, 1247 (D.D.C. 2005) (citing In re Gray’s Estate, 168 F. Supp. 124 (D.D.C. 1958)).
               
               Here, the NH was domiciled in Costa Rica at the time of his death. At issue is whether
                  a de facto union existed between the claimant and NH that, if established, would confer
                  upon the claimant the same intestate succession rights that a widow would have.
               
               Costa Rica has recognized de facto unions since at least 1995[6] . However, under Costa Rican law, a de facto union does not confer upon a surviving
                  partner intestate succession rights identical to those that a widow would have. “For
                  example, under intestate succession, a partner in a de facto union will have the right
                  to inherit only the property acquired during the existence of the union, unlike the
                  spouse in a ceremonial marriage.”[7] Thus, a surviving partner of a de facto union does not have the “same status” as
                  a widow of the NH with respect to taking such property.[8]
               Accordingly, the agency cannot deem the partner in a de facto union a widow for the
                  purposes of establishing entitlement to benefits under Title II of the Act. It is
                  therefore irrelevant whether the evidence submitted by the claimant establishes the
                  existence of a de facto union under Costa Rican law.
               
               CONCLUSION
               The claimant and the NH's marriage did not meet the nine-month duration requirement.
                  Additionally, even if the claimant and the NH were in a de facto union, such a relationship
                  would not confer upon the claimant the same intestate succession rights as the widow
                  of the NH, under the law of Costa Rica.