A Spanish woman saw refused the right to widowhood pension after her partner’s death, despite living with him for over a decade and being registered as a de facto union since 2011. The case ended in the courts and was analyzed by the Castile-Marcha Superior Court, which confirmed the initial decision of social security.
The entity had denied the pension in 2021, claiming that the deceased was still legally married to the first woman. They had been judicially separated since 1978, but had never formally dissolved marriage.
What the law says
According to the news newspaper Work, a source specializing in work, employment and labor legislation, the refusal was based on Article 221 of the Spanish General Social Security Law, which defines the requirements for attributing the widowk pension in facts of de facto union.
Among the conditions is the absence of marriage bond with another person and the proof of notorious coexistence of at least five years through certificate of residence or other official documentation.
In the case, the court considered that these conditions were not gathered, since the marriage bond of the deceased had never been dissolved and not all the required documentation was presented.
Unsuccessful resource
The woman, identified as Mariana, appealed from the decision in court, but the JUZGADO of Ciudad Real Socially eventually confirmed the position of Social Security. The sentence stressed that judicial separation does not equal divorce and, therefore, the marriage remained valid.
Unconformed, Mariana filed a new appeal, this time at the Superior Court of Castile-Marcha. Also then the decision was unfavorable, as reported.
The court has stressed that the members of a de facto union who are not prevented from marrying are only entitled to the court.
Practical consequences
The court also added that the law was clear in establishing that the de facto union can only be recognized for widowhood pension purposes if there is no other active marriage bond.
The existence of a judicial separation does not change this reality, so social security did not violate the law by refusing the request.
The decision is a warning to similar situations in Portugal, where there are also strict rules on the attribution of pensions in the context of fact.
In these cases, the legal formalization of bonds, either through divorce or updated registration, may be decisive to avoid disputes and the loss of social rights.
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