The widow’s pension is the economic benefit, granted by Social Security, received by those who have had a marriage relationship, or as a common-law relationship, with the deceased. When a worker or pensioner dies and certain requirements are met, his spouse has the right to request a widow’s pension that the deceased has generated with his contributions. Common-law couples also have it, although somewhat stricter requirements are required of them.
The requirements to receive a widow’s pension
The Organization of Consumers and Users (OCU) explains what are the requirements that must be met to receive a widow’s pension. For your partner (spouse or formal common-law partner) to have generated a widow’s pension, they must have been registered at some time with Social Security and have contributed a minimum:
– The requirements are considered fulfilled if the deceased was receiving a contributory retirement or permanent disability pension.
– If the deceased was an active worker and registered with Social Security (or in a situation assimilated to registration, such as leave of absence to care for minor children), the cause of death must be distinguished:
1. If it is an accident of any kind, not necessarily at work, or an occupational disease, no minimum contribution is required.
2. If it is a common illness, it is required to have contributed at least 500 consecutive days in the 5 years prior to the death.
– If the death occurred without being registered or in a situation assimilated to registration and is due to a common illness or non-work accident, the deceased must have contributed for at least 15 years throughout his working life.
– In special regimes, such as the self-employed, it is required that the deceased did not have outstanding contributions. If he had outstanding installments, they will give you the option to enter them first and then request the pension.
– If the deceased was registered in two schemes and contributed to both, for example, the general scheme and the self-employed, and in each case the requirements are met, two pensions could be collected, If they were not registered or in an assimilated situation Upon discharge, you could only collect two pensions if you had contributed to both simultaneously for 15 years or more.
Family members who are entitled to receive the widow’s pension
The OCU clarifies which family members are entitled to receive the widow’s pension. The beneficiaries of this benefit can be widows, common-law partners or ex-partners. In other words, the widow’s pension is charged by the member of the couple who has survived the other, but depending on the relationship, different requirements may be required:
1. If they were married
In couples united by marriage, the widower is entitled to the widow’s pension generated by his spouse, regardless of the age of the marriage. In the event that the union is recent and to prevent the pension from being obtained fraudulently (that a person marries another only to provide them with public income), there is no right to it if all these things happen at the same time :
1. The death is due to a common disease existing before the wedding.
2. Between the wedding and the death, less than a year passed.
3. The period of cohabitation adding up before and after the wedding does not reach two years.
4. They do not have children together.
2. If they were a common-law couple
To collect the widow’s pension from your deceased common-law partner, two things must happen on the date of death:
– Be registered in the official registry of domestic partnerships for at least two years or you would have formalized your relationship before a notary public at least two years before.
– Have at least five years of uninterrupted cohabitation and accreditable by means of a certificate of registration, or have children in common, in which case a minimum cohabitation is not required.
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3. If they were divorced or separated
Sometimes, when a person dies, ex-partners are also entitled to a widow’s pension. They must meet the following requirements:
– The couple must be divorced or legally separated and not have remarried or formalized a domestic partnership.
– The ex-spouse must have been collecting a compensatory pension from the deceased for life (when the break is prior to 2008 and if certain requirements are met, collecting a compensatory pension is not essential).
– If the deceased formed a new married or de facto couple and the other member has survived him, the widow’s pension is distributed between the ex-spouse and the widower based on how long each one lived with the deceased, but with two limits:
1. The widower or surviving common-law partner is guaranteed a minimum of 40% of the regulatory base.
2. To the ex-spouse, at most, what he received as compensatory pension.
As explained by the OCU, some sentences recognize the widower the right to collect 100% of the pension if the ex-spouse dies.
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