Social Security contemplates exceptions in the conditions that allow you to request this benefit if you did not marry, or were divorced
The widow’s pension is a Social Security contributory benefit that can be requested when your partner has died. Although it is an aid that contemplates exceptions regarding its requirements. Thus, they generate many doubts about whether it is necessary to be married or if divorced people can receive it.
Social Security explains that both the cause of the widowhood and the person who has been left a widow must meet a series of conditions in terms of affiliation, registration, contribution and the specific situation of the relationship.
Requirements for the deceased of the widow’s pension
Therefore, the deceased person causes a widow’s pension in these cases:
– If you were registered in the general scheme or in a similar situation, provided that you had contributed at least 500 days in the previous five years. If you are not registered, you should have a minimum contribution period of 15 years. However, no minimum contribution period is required if the death was due to an accident, work or not, or due to an occupational disease.
– When you were a beneficiary of a contributory retirement pension, or were entitled to it at the time of death without having requested it.
– Received a pension for 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.
Requirements for the beneficiary of the widow’s pension
On the other hand, the partner of the deceased can request the widow’s pension when any of these situations occur:
– She was the spouse of the deceased and there are children in common.
– If there are no children, you can also be a beneficiary of the widow’s pension if the marriage had taken place at least one year before death. If this is not the case either, you can receive a temporary widow’s benefit
– If you were divorced or legally separated from the deceased and were receiving a compensatory pension that expires with death. In the case of separations or divorces prior to January 1, 2008, it is not necessary to be a creditor of the compensatory pension if ten years have not elapsed between the separation and death, and also if there are common children, or if you are over 50 years old.
In addition, people over 65 years of age who are not entitled to receive another pension and their marriage has lasted more than 15 years can also be beneficiaries of the widow’s pension as long as they were a de facto partner of the deceased for at least two years before the death. In this case, it is necessary to demonstrate a stable coexistence during the five years prior to the death, and that, during those five years, neither of the two was married or separated from another person.
#requirements #receive #widows #pension #married