Marital community of property does not prove marital community; separation bars family pension without court-ordered alimony.

The Supreme Court dismissed the cassation appeal against a decision denying a family pension to a widow whose husband had died. The court found that despite a formal marriage, the couple lived in separation without shared household or contact, failing the statutory requirement of 'marital community' under the Social Security Act. The court ruled that mere marital status or property co-ownership is insufficient; the law requires proof of actual joint life, which necessitates a separate court judgment for alimony rights when separation exists.