The widow's pension is, after retirement, the one that is received the most in Spain. However, it is not as easy as it sounds. The widow's pension and its requirements They are quite demanding, and not only affect the person who survives, but also conditions the deceased.
If you want to know what the requirements of the widow's pension are, what you should take into account and, above all, what is related to this pension, then we give you all the information.
What is the widow's pension
According to Social Security, the widow's pension is conceptualized as that benefit to which "We have the right when our partner has passed away". However, it is a definition that does not cover all the assumptions that may occur. And it is that, for example, unregistered domestic partners can also receive the widow's pension, as well as separated men and women who have had a relationship with that deceased person.
Thus, the widow's pension can be understood as a monthly amount of money that is received for the loss of a person who has been a couple before or at the time of death, regardless of whether there is a marital or civil bond between both people.
Widow's pension: requirements of the deceased and the survivor
Once you know what the widow's pension is, you need to know what the requirements are, since both the deceased and the person who survives him, have to meet certain conditions to be able to benefit from this benefit. And which are they?
The requirements of the deceased person
When determining whether or not a person can receive the widow's pension, it is necessary to take into account the situation of the deceased. In other words, if the deceased met the requirements to recognize his or her widow or widower receiving the pension.
Among them are:
- Have paid contributions before your death for at least 500 days. In fact, they must have done them at least 5 years before dying, as long as it is due to a common illness. If the death has occurred due to an occupational disease or accident, then this contribution period is not required. If the worker was not registered (for example because he was unemployed), he will need to have contributed 15 years, otherwise, he will not be able to leave his widow or widower a pension.
- Be a pensioner or retiree. That is, even if you are not registered with Social Security, these two conditions are assimilated to registration, and therefore entitle you to benefit from a widowhood benefit. The same as if you were at risk during pregnancy, maternity or paternity, risk during breastfeeding… Now, it is necessary to have the contribution period; otherwise it could not be processed either.
Widow's pension: beneficiary requirements
In addition to what we have seen before, beneficiaries must meet a series of requirements to be eligible for the pension. Specifically, the ones they have are:
- The marriage lasted at least one year.
- Have children in common.
- Enjoy a compensatory pension for being separated or divorced (and that there is no new marriage or common-law union).
This does not mean that all three requirements must be met, but one at least.
In the event that, at the time of death, the couple was separated or divorced, if it is before 2008, then they are entitled to the widow's pension if these cases occur: less than 10 years have passed since the separation or divorce, the marriage lasted a minimum of 10 years, there are children in common, or you have more than 50 years. Even those over 65 who do not have another pension can access it, as long as they prove that the marriage lasted a minimum of 15 years.
Now, in the case of common-law couples, After ruling number 480/2021, of April 7, of the Contentious-Administrative Chamber of the Supreme Court, those who are not registered, but can demonstrate that a roof has been shared with that deceased person, can opt for this benefit. In addition, it must be shown that the annual income is not more than 50% of the total of the couple, or 25% in the case of children.
By law, the right to receive this pension is also recognized as long as they meet:
- Being registered two years before the death occurs.
- That they are cohabiting for at least five years before the death of one of them.
- That in those five previous years no one was married or separated from another person (if this is the case, the pension could be divided between the couples).
How much is charged for widow's pension
Another of the great doubts that we have about the widow's pension is the amount that is received once the requirements that they ask us are met.
You should know that the widow's pension, depending on the requirements, will be more or less generous.
By General rule, 52% of the regulatory base is received.
However, there are cases where 70% can be received. When? Then:
- When you have family dependents: children or foster children under 26 years of age or over that age but disabled (at least 33%).
- The performance of the family unit does not exceed 75% of the minimum annual interprofessional salary, excluding the extra payments.
- The pension is the main source of income for the family. That is, no other salary is received, either financial or in kind.
- Annual returns must not exceed, with the pension, the limit established by law.
The law also establishes a series of maximum and minimum amounts of widow's pension, the maximum being 2.707,49 euros. In any case, you must bear in mind that, if a benefit or salary is received, the widow's pension is usually reduced much beyond the minimum in many cases.
As you can see, obtaining the widow's pension is not as easy as it seems, since the requirements must not only be met by the person who "survives", but also the deceased must have met the requirements that open the possibility to the beneficiary to receive it. Do you have any doubts about the requirements of the widow's pension?