How to collect a widow’s pension if you have separated or divorced: this is its amount

The collection of a widow’s pension is generally associated with the spouse who was united to the deceased at that time, but this contributory benefit can also be granted to the separated or divorced ex-spouses of the deceased, provided that a series of conditions are met.

The deceased spouses only have to meet the requirements to be able to generate the right to a widow’s pension in one case, when the death was caused by a common illness or a non-work accident. In these cases, a contribution requirement is contemplated (500 days within the 5 years prior to death) for the deceased.

What requirements must survivors meet

However, the surviving spouses must meet more requirements and are tied to greater control by Social Security to be able to access that widow’s pension. , the separated and divorced (where appropriate, if they have not entered into a new marriage or common-law relationship) may collect the widow’s pension if they were receiving a compensatory pension at the time of death.

This premise is of a general nature and mandatory, but the regulations also allow certain exceptions in which the collection of a compensatory pension is not necessary for a separated or divorced person to have the right to collect a widow’s pension. They are the following:

-In the case of women victims of gender violence and deaths from 2008.

-In the case of separations and divorces prior to 2008 if the marriage or union lasted at least 10 years, if the separation or divorce was less than 10 years before death and if there were children in common or the survivor is 50 years or older at the time of death.

-In the case of separations and divorces prior to 2008 when the survivor is 65 years of age or older at the time of death, is not entitled to any other public pension and the union lasted at least 15 years.

The amount of the widow’s pension

If these requirements are met, the survivors of the spouse from whom they have separated or divorced may receive the widow’s pension. The amounts are determined by law, although they must always be established between the minimum and maximum amounts designed in the General State Budget for 2022:

-In general, the amount of the pension is 52% of the regulatory base of the deceased and rises to 60% when the survivor is 65 years of age or older, does not receive any pension or income from work and their annual income is less than 7,707 euros. annual.

-The amount will be 70% of the regulatory base if these three requirements are met at the same time: the existence of family responsibilities (living with children under 26 or over 26 with a disability of at least 33% and that the income from the family unit divided between the number of members does not exceed 75% of the SMI), that the pension is the main source of income of the family unit (more than 50%) and that the total annual income does not exceed the sum of the limit for the recognition of the minimum supplement for contributory pensions to the minimum pension for widows with family responsibilities.

-All benefits may increase their amount between 30 and 50% if death is due to an occupational disease or work accident caused because safety and/or hygiene measures were not guaranteed in the workplace.

However, the amount of these benefits can also be determined by the personal circumstances of the person who accesses the widow’s pension. Social Security details them:

-If the survivor received a compensatory pension and is the only beneficiary, they may receive the full amount of the pension, but always limited by the amount of the compensatory pension.

-If the survivor was a victim of gender violence and is the only beneficiary, he is entitled to a full pension.

-If the survivor did not receive a compensatory pension and is separated or divorced prior to 2008 and is the only beneficiary, he is entitled to the proportional part of the years of cohabitation.

-If there are several beneficiaries, it is distributed proportionally to the time of cohabitation, but always guaranteeing 40% to the legally separated person and the surviving spouse.