Widow’s pensions are paid each month to more than 2.3 million people in our country. Among its beneficiaries are not only the spouses of the people who have generated the right to the pension, but also couples who have subsequently separated or divorced from the deceased.
The Social Security that, in certain cases of separation or divorce, the ex-spouses have the right to collect the widow’s pension. For this, it is an essential condition that while the deceased was alive he paid him a compensatory pension whose payment was interrupted with his death. In addition, in the event of divorce, a widow’s pension may be received “provided they have not contracted a new marriage or formed a common-law partner.”
On the contrary, those women who proved their status as victims of gender-based violence at the time of separation or divorce will not need this condition as beneficiaries of compensatory pension. This aspect is valid, yes, for deaths that occurred after 2008.
In other cases, the receipt of a compensatory pension is not necessary to collect the widow’s pension. It happens in separations or divorces prior to 2008 provided that the previous marriage bond was at least 10 years, that said separation or divorce took place less than 10 years before the death and that either there are children in common or the survivor is at least 50 years of age at the time of death.
The collection of the widow’s pension is also allowed in those divorces and separations prior to 2008 without the right to a compensatory pension and without meeting the requirements of the previous paragraph when the beneficiaries are 65 years of age or older, do not have the right to another public pension and the duration of marriage reaches at least 15 years.
the amount of widow’s pension that divorced and separated persons can receive depends both on their circumstances and on the number of beneficiaries of that pension:
-If you are the only beneficiary and you receive a compensatory pension, you are entitled to the full amount but marked by the amount of that compensatory pension.
-If you are the only beneficiary and you are a victim of gender-based violence, you are entitled to the full pension.
-If you are the only beneficiary after a divorce or separation prior to 2008 and without a compensatory pension, you will only receive the proportional part of the time you lived with the deceased.
-If there are several beneficiaries, it will be distributed proportionally to the coexistence with the deceased. The legally separated person is guaranteed 40% of the pension, as is the surviving spouse or partner.
The amount of widow’s pension
Framed within the pensions for 2021, the Social Security of the amounts of these widowhood pensions that also apply to the cases of separated and divorced persons:
-In general, the amount of the widow’s pension is 52% of the regulatory base of the deceased. This amount increases to 60% of the regulatory base for people at least 65 years old, without the right to other pensions, without income from self-employment or employment and with annual income below 7,707 euros.
-70% of the regulatory base as long as three requirements are met at the same time: having family responsibilities (living with minors under 26 years of age, foster minors, minors with guardianship for adoption purposes or those over 26 years of age with a disability of at least 33%), that the pension is the main source of income (which is greater than 50% of their annual income) and that their total annual income does not exceed the result of adding the limit for the recognition of the minimum complement for contributory pensions to the minimum widow’s pension with family responsibilities (in 2021 this amount is 18,877.60 euros).
This amount serves, in turn, as a limit for the amount of the pension: it cannot be higher than those 18,877.60 euros per year and, in the event that the regulatory base to which one is entitled is greater, the amount will be subtracted. up to that limit.
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