There are many questions that circulate in front of the widow's pension, and one of the main ones is always whether separated or divorced people have the right to receive this benefit.
The answer is yes. People legally separated, divorced or who have had their marriage declared null and void, can collect the widow's pension, as long as they meet the requirements detailed by Social Security.
The widow's pension is a contributory benefit managed by Social Security to which one is entitled when the partner, or ex-spouse, has died. In 20 Minutes we explain some requirements to access it:
Who can collect the widow's pension?
The deceased person must meet certain conditions to be able to generate the widow's pension, and the partner or ex-partner must meet others to be able to collect it.. These requirements are explained below.
The deceased person generates a widow's pension if:
- The deceased was registered with Social Security or a situation similar to that on the date of death, and has contributed 500 days within the five years prior to the death.
- The deceased was not registered, but requires a contribution period of 15 years. This contribution period will not be needed if the death occurs due to an accident or occupational disease.
- He was a recipient of a contributory retirement pension, or was entitled to it at the time of death without having applied for it.
- He was a pensioner due to a permanent disability.
- She was entitled to the subsidy for temporary disability, risk during pregnancy, maternity, paternity or risk during lactation and fulfilled the necessary contribution period in those cases.
The partner or spouse is entitled to a widow's pension if:
- You were the spouse of the deceased and there are common children.
- They had no children, but the marriage took place a year before the death. Otherwise, you can still receive a temporary widow's benefit.
- You were divorced or legally separated from the deceased and you were receiving a compensatory pension that expires upon death.
- For separations or divorces prior to January 1, 2008: it is not necessary to be a creditor of the compensatory pension if 10 years have not passed between the separation and the death. Also, if there are children in common or if you are over 50 years of age.
- As of January 1, 2013: those over 65 who are not entitled to another pension, without receiving a supplementary pension, and their marriage has lasted more than 15 years.
- He was a common-law partner of the deceased, registered in the corresponding autonomous community or town hall at least two years before the death. Stable cohabitation must be accredited during the five years prior to the death.
- The survivor's income, during the year prior to death, did not reach 50% of the sum of his or her income plus that of the deceased. Or 25% if they did not have common children with the right to an orphan's pension.
What widow's pension is left to a divorced person
Generally, the widow's pension reaches 52% of the regulatory base, but it can go up to 60% in cases such as:
- Being over 65 years old.
- Not receive another type of Spanish or foreign public pension.
- Not have income from doing work on your own or someone else's account.
- Not having income from movable or real estate capital, capital gains or income from economic activities greater than 7,569.00 euros per year.
If there are family responsibilities and a low level of income, the widow's pension could reach 70% of the regulatory base.
For how long is the widow's pension collected?
The widow's pension is usually for life, but it extinguishes if a new marriage is contracted or a new domestic partnership is formed.
It can be kept in these two cases if you are older than 61 or younger with a disability greater than 65%, and other specific cases, as indicated in La Revista de la Seguridad Social.
Amounts of the widow's pension in 2023
The revaluation of contributory pensions increased by 8.5% in 2023. These are the amounts of the widow's pension in 2023:
- Widow with family responsibilities: 905.90 euros/month.
- Widowed with 65 years and disability equal to or less than 65%: 783 euros/month.
- Widow between 60 and 64 years: 732 euros/month.
- Widow for less than 60 years: 593 euros/month.