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:
a) The participant and the beneficiary:
In both cases the formalisation should have been made at least two years’ before the date of death.
income does not exceed:
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, from 1 August 2018, the percentage will be 54 per cent or 27 per cent when the following requirements are met simultaneously and at all times by the beneficiary:
From 1 January 2019 the percentage applicable to the regulatory base will be 58 percent and 29 percent.
Where there are several beneficiaries entitled to the widowhood pension from the same deceased person, this improvement in the pension of the beneficiaries who meet the conditions laid down shall be applied to the same extent as is taken into account for the recognition of the pension.
Royal Decree 1413/2018, of 2 December (BOE 291, 03/12/2018), establishes that this increase will be
recognised at the request of the interested parties, who must present a statement specifying that their income in the year of the request does not exceed the limit established in Article 2 d) of the RD.
all widow/widower's pensions recognised before 4 December 2018 will be reviewed, unless the beneficiary of the pension resides abroad or if their pension is recognised by the European Regulations on the coordination of Social Security systems or Bilateral Social Security Agreements.
The economic effects of this review will come into effect from 1 August 2018 or from the date of first payment if this should be late.
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 supplement on widow’s pensions after 1 January 2016