1.1 Individuals who are and who were the
legitimate spouses of the person with a pension entitlement shall be entitled to the widow/widower's pension, provided they have not remarried or entered into a common law marriage
In cases of separation, divorce or annulment, access to a pension is conditional upon, having the right to the compensatory pension or indemnity referred to respectively in articles 97 and 98 of the Civil Code, this is extinguished by the death of the participant. The right to a widowhood pension is not conditional upon the requisite of being the accreditor of a compensatory pension when the beneficiary can prove they are in any of the following situations:
1.2 Individuals who were in a common law marriage with the person with a pension entitlement at the time of their death shall be entitled to a widow/widower's pension, provided they meet the following requirements:
- The participant and the beneficiary:
In both cases the formalisation should have been made at least two years’ before the date of death.
Exceptionally, the right to a widow's or widower's pension shall be recognised when, following the death of one of domestic partners before 31 December 2022, the following circumstances apply:
a) a) The death of the domestic partner did not lead to entitlement to a widow's or widower's pension. b) The beneficiary can prove the existence of a domestic partnership at the time of the death of the deceased, under the terms established by law (Article 38(4) of the Consolidated Text of the State Pension System Act).c) The beneficiary has not had entitlement recognised to a contributory social security pension. d) To qualify for the pension, the pertinent application must be submitted within the non-extendible period of 12 months from the entry into force of the exceptional circumstance (1 January 2023).
a) a) The death of the domestic partner did not lead to entitlement to a widow's or widower's pension.
b) The beneficiary can prove the existence of a domestic partnership at the time of the death of the deceased, under the terms established by law (Article 38(4) of the Consolidated Text of the State Pension System Act).
c) The beneficiary has not had entitlement recognised to a contributory social security pension.
d) To qualify for the pension, the pertinent application must be submitted within the non-extendible period of 12 months from the entry into force of the exceptional circumstance (1 January 2023).
The recognised pension shall have financial effects from the first day of the month following the application, provided that all the requirements described above are met.
widowhood pension shall be provided for two years, worth the same amount as the widowhood pension that would have corresponded, to people who in the event of the
death of the participant from a common illness, not following the marriage, cannot prove a
minimum period of one year of marriage to entitle them to said pension except where:
The temporary widow/widower’s benefit, in the event that a temporary maintenance had been established, shall expire on the same date that the maintenance does.
The right to a widowhood pension shall expire if the beneficiary
remarries or forms another de facto relationship.
However, people who marrying after 1 January 2002 may still receive the widowhood pension so long as each and all of the following requisites are met:
In any case, anyone condemned under a final hearing as having maliciously committed a homicide of any form or malicious injury to person shall lose the condition of beneficiary of the widowhood pension when the victim of the crime was the pension participant, except where, if applicable, there was a
reconciliation between them.
The amount of the widow/widower's pension is 50% of the basis for calculation, or
25% in the event that the person entitled to the pension died after being declared incapacitated while on or as a result of active duty and they were assigned the corresponding
However, the percentage will be 58 per cent or 29 per cent when the following requirements are met simultaneously and at all times by the beneficiary:
In the case of divorce, when various beneficiaries are entitled to a pension, this shall be admitted in the amount proportional to the time they each lived with the participant, guaranteeing
40 percent to the surviving spouse or de facto partner of the participant
In the case of
annulment of a marriage, entitlement to a pension shall be admitted in the amount proportional to the time the beneficiary lived with the participant, regardless of whether there are other beneficiaries entitled to a pension, without prejudice to the guarantee of 40% to the surviving spouse or de facto partner.
Divorced or legally separated persons who draw a widowhood pension starting from 1 January 2010 will have the pension amount reduced (or that of the temporary benefit where applicable) if it is more than the compensatory pension, and brought into line with same.
This reduction shall not apply in proven cases of victims of domestic violence at the time of the divorce or legal separation.
Maternity allowance for widowhood pensions paid from 1 January 2016 to 3 February 2021.
If the amount of the pension for which they are eligible is equal to or greater than the maximum pension limit, only 50 per cent of the supplement will be paid, even in cases where there is a concurrence of public pensions.
If the pension for which the interested party is eligible does not reach the minimum pension amount and she requests it and meets the requirements to receive the minimum supplement, the maternity
Should a civil servant widow’s pension coincide with a retirement pension, independently of the Regime on which they are based, the complement for maternity paid shall be that which corresponds to the retirement pension.
Allowance for the reduction of gender disparities.
The reduction of gender disparities allowance, will only be recognised for pensions accrued from 4 February 2021.
Women who have had one or more children and who are beneficiaries of a widowhood pension under the Civil Service Pension Scheme shall be entitled to an allowance for each child.
In order for men to qualify for the allowance, they must be entitled to a widowhood pension on the death of the other parent of children in joint custody, provided that one of them is entitled to an orphan's pension.
The amount of the allowance for 2021 shall be 27 euros per month for each child. The amount to be received shall be limited to four times this amount.
Transitional maintenance of the maternity allowance in pensions for Civil Service.
Those who were receiving maternity allowance will continue to receive it.
The receipt of this maternity allowance shall be incompatible with the allowance for the reduction of gender disparities that may correspond to the recognition of a new public pension, and the persons concerned may choose between one or the other.