Divorce Laws & Procedures Family law

Right to widow’s pension after divorce

All that concerns social security benefits in general and more specifically all that related to widowhood pensions of those who have divorced, raises a lot of doubts.

widow's pension

Are you entitled to a widow’s pension if the spouses have already divorced? And, if so, should a number of requirements are met? We will answer the above questions in this article.

The rapid response to the above questions is answered with a yes. Yes, people may have divorced and be entitled to a widow’s pension. They may be entitled to this pension, but this right is not unlimited and has important conditions, therefore it is advisable to go deeper into analyzing the concurrence of the widow’s pension with the pension of a divorced person.

You can access the widow’s pension, even if the people have divorced the right to receive a widow’s pension before birth (death), but in order to do so, a series of requirements.

The basic precepts that have to be fulfilled in order to be able to access the widow’s pension still and in the case of persons who have already divorced is that the person who will receive such pension has not remarried or is registered as a couple in fact with another person and that he is receiving the compensatory pension of the spouse from whom he had divorced and from whom he now expects to obtain the right to a widow’s pension.

As stated in the previous paragraph, the basic precepts are the previous ones, but they also have their nuances and particularities. And it has its nuances and particularities, for example, it will not be necessary for the person aspiring to the right to receive the benefit of widowhood to receive the compensatory pension as long as the following requirements are met.

It would therefore not be required to comply with the requirement to receive the compensatory pension to begin charging the benefit of widowhood at the moment in time to collect the right of the first due to the death of the party in the case, for example, the case that between the time of the divorce or the effective judicial separation and the moment of death not more than 10 years have passed, in this case, the marriage must have lasted more than 10 years and there are children in common or the beneficiary more than 50 years at the time of the death of the party causing the birth of the right to perceive the perception.

They must not also be receiving compensation pension to receive the widow’s pension those persons who were legally divorced or separated before January 1, 2008, who are over 65, are not entitled to public pension and provided that the marriage would have lasted a minimum period of 15 years.