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Widow's Pension Spain

Posted in: Family, Pensions,
Author: Richelle de Wit
Tags: , ,

In Spanish ´Pensión de viudedad’. To be able to claim it, both the deceased and the claimer need to meet certain requisites.

This link to the Social Security magazine explains, it’s in Spanish and I´ll summarise some of it in English below. The rules are quite complex, so you need to visit the Seguridad Social INSS/CAISS in your area for advice and help to claim.

  • Requisites deceased:
      • Situation of work or legal unemployment, having contributed for at least 500 days in the 5 years prior. If not in this situation, needs to accredit at least 15 years of contributions, except when the death was caused by an accident, work related or not, or a work related sickness.
      • In receipt of contributive old age pension, or entitled to it at time of death, although not claimed.
      • In receipt of pension for permanent disability.
      • Entitled to the IT subsidy (temporary incapacity to work), in situation of risk during pregnancy, maternity, paternity or risk during breastfeeding and fulfilled the necessary contribution period in those cases.
      • Requisites claimer:
      • Spouse with children, or if without, having been married for at least one year, or if not, might be entitled to temporary widow’s pension.
      • Divorced or legally separated and in receipt of supplementary pension that stopped with the passing of the spouse. If divorced or separated before January 1st 2008, no need to be in receipt of supplementary pension if the death took place no later than 10 years after date of divorce/separation and the couple had children together, or the claimer is over 50.
      • Since January 1, 2013, they are also entitled to a widow’s pension, without the need to receive a supplementary pension, those over 65 who do not have the right to have another pension and whose marriage has lasted for more than 15 years.
      • Or having been a de facto partner of the deceased, registered in the specific registry of the corresponding autonomous community or town hall at least two years before the death. It is necessary to prove a stable coexistence during the five years prior to the death, and that, during those five years, neither was married or separated from another person.
      • In addition, the survivor’s income during the calendar year prior to death must not have reached 50% of the sum of their own plus those of the deceased, or 25% in the case of non-existence of common children entitled to orphan’s pension.

Further info from the Seguridad Social website in English.




Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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