The widow's pension (INSS): who is entitled and how to claim it

Beneficiaries can be the spouse, the registered unmarried partner, the former spouse (separated or divorced) and the former unmarried partner. In all cases, the deceased person must have met the minimum contribution explained below, and the beneficiary must not have subsequently entered into a new marriage or formed a new unmarried partnership.

Spouse: if there are shared children, the right is full. If there are none, the marriage must have taken place at least 1 year before the death or you must prove a previous cohabitation period (as an unmarried couple or marriage) of 2 years. When this requirement is not met, the pension can be granted temporarily for 2 years.

Unmarried partner: you must prove registration in an unmarried couples registry (or its formalisation in a public document) at least 2 years before the death, along with a stable and notorious cohabitation of at least 5 years. This 5 year cohabitation is not required when the couple has shared children: in that case, registration or formalisation 2 years in advance is enough. Since the reform introduced by Ley 21/2021 (the Spanish Pension Reform Act), it is no longer required to prove financial dependence on the deceased person.

Separated or divorced former spouse: anyone who was entitled to the compensatory pension under the Civil Code has the right, provided this pension is extinguished by the death. There are special rules that allow access without a compensatory pension (long duration marriage, shared children or being 50 years old or more, in separations prior to 2008). Victims of gender violence do not need to have been entitled to a compensatory pension.

Former unmarried partner: since Ley 21/2021, they can also have the right under similar terms to the former spouse, when they received a pension or financial compensation from the deceased person that is extinguished by the death and they have not subsequently formed a new bond. Managora reviews your specific situation.

The contribution requirement depends on the employment situation of the deceased at the time of their death. If they were registered as working or in an assimilated situation, they must have contributed 500 days within the 5 years immediately prior to the death.

If the deceased person was not registered as working or in an assimilated situation, a minimum contribution period of 15 years throughout their entire working life is required.

No prior contribution period is required when the death is due to an accident (whether work related or not) or an occupational disease. Nor is it required when the deceased person was already a retirement or permanent disability pensioner: in that case, the requirement is considered fulfilled.

The amount is a percentage of the deceased's regulatory base. Generally, 52% is applied. This percentage rises to 60% when the beneficiary is 65 years old or more, does not receive another public pension and does not obtain income from work or rents above the limit set each year.

The percentage can reach 70% when 3 conditions are met at the same time: the beneficiary has family responsibilities, the widow's pension is their main or only source of income and their annual yields do not exceed the established legal limit. If these conditions cease to be met, the pension returns to the general percentage.

The regulatory base, generally (death due to common illness or non occupational accident), is obtained by dividing by 28 the sum of the contribution bases of an uninterrupted period of 24 months chosen by the beneficiary themselves within the 15 years prior to the death. When the death derives from a work accident or occupational disease, the calculation follows another formula based on real salaries.

There are also guaranteed minimum amounts, possible supplements to minimums and the supplement to reduce the gender gap. The exact amounts and income limits are updated every year: you can see the estimated and updated amount in the procedure's file.

The widow's pension is compatible with the beneficiary's work income (self employed or employed) and also with their own retirement or permanent disability pension. Receiving a salary or collecting another pension does not, by itself, prevent having the right to widowhood.

The right is generally extinguished if the beneficiary enters into a new marriage or forms a new unmarried partnership, although the law provides for cases in which the pension can be kept (for example, when you are a certain age, have a recognised disability or widowhood is the main source of income).

You should bear in mind that the reinforced percentage of 70% is linked to the income level: if the beneficiary's income exceeds the annual limit, the pension is adjusted to the corresponding percentage.

The death that generates widowhood usually also generates an orphan's pension for the children. Generally, it can be collected by children under 21 years of age, and also by children of any age who have a recognised absolute permanent disability or severe invalidity.

The age limit is extended up to 25 years when the orphan does not work or, if they work, their income is lower than the minimum interprofessional wage. In situations of absolute orphanhood (without any parent), more favourable rules also apply.

Each orphan's pension is generally equivalent to 20% of the regulatory base. In absolute orphanhood, the amount can be increased. The sum of the widowhood and orphanhoods has a joint cap on the regulatory base. Managora calculates and claims the orphanhood together with the widowhood in the same file.

The right to the widow's pension does not expire, so it can be claimed at any time. However, the financial effects only backdate to the 3 months prior to the application: if it is claimed later, monthly payments are lost. Therefore, it is advisable to submit it as soon as possible after the death.

The usual documentation includes the applicant's identity document (DNI or NIE, the identification number for foreigners in Spain), the death certificate of the deceased person and the document proving the bond: marriage certificate, registration certificate as an unmarried couple or, in the case of the former spouse, the divorce decree and the regulatory agreement that includes the compensatory pension.

The application is submitted to the INSS through the electronic headquarters of the Seguridad Social (the Spanish social security system) using a digital certificate or Cl@ve (the Spanish electronic identification system), or in person with a prior appointment. The resolution is notified to the interested party's address.

Managora gathers the documentation, checks the contribution requirements, calculates the regulatory base and the applicable percentage, submits the application to the INSS on your behalf and follows up until the resolution. You can see the service amount in the procedure's file.