A Spanish woman lost her right to a widow’s pension, worth 1,576.74 euros per month, despite having lived with her partner for 22 years and having two children together. The decision was confirmed by the Superior Court of Justice of Asturias (TSJA), which considered that the lack of official registration of the union prevented the legal recognition of the relationship as a “de facto partnership”.
According to Notícias Trabajo, a Spanish website specializing in legal and labor matters, the woman had lived with her partner for more than two decades, sharing home, expenses and family life, but the couple never formalized their relationship either before a notary or in a public registry.
After the man’s death, the woman asked Social Security for access to the widow’s pension, but the request was refused because it did not meet legal requirements.
What Spanish law says
According to the General Social Security Law, namely article 221, only de facto unions registered in a public register or formalized in a notarial deed at least two years before the beneficiary’s death can generate the right to a widow’s pension.
The Social Security resolution letter, cited by Notícias Trabajo, states that “the relationship does not meet the legal conditions necessary to be considered a de facto union for pension purposes”.
Therefore, even if there is a long-term cohabitation or children in common, the lack of registration prevents recognition of the right to a pension.
The court confirms the decision
The woman contested the decision in court, arguing that the 22 years of life together and the two children should be sufficient proof of the stable relationship. However, the Julgado de lo Social no. 2 of Oviedo and, later, the Superior Court of Justice of Asturias, confirmed the Social Security decision.
The court held that Spanish legislation distinguishes between “parejas de hecho” and “parejas de derecho”: that is, between unions recognized by law and those that only exist in fact.
Only the first, duly registered or formalized, are entitled to social protection in the event of the death of one of the members.
According to the ruling cited by , “the widow’s pension is not awarded to all unions with more than five years of proven cohabitation, but only to those that are legally registered at least two years before the death of the beneficiary and that meet the remaining legal requirements”.
A decision with social impact
The case reignited the debate about the gaps in social protection for non-formalized unions. In Spain, de facto unions have been a common alternative to marriage, but the lack of public registration continues to limit access to various rights, including pensions, tax benefits and inheritance.
Despite living together for a long time and having children together, the woman was left without the right to a pension, confirming that, in light of the law, only officially recognized relationships have legal value in terms of Social Security.
And in Portugal?
In Portugal, the framework is similar, although with some differences in legal detail. According to Law No. 7/2001, which regulates the protection of de facto unions, only members of a relationship that has lived together for at least two years under conditions similar to those of spouses can access certain rights, including the survivor’s pension, provided for in Decree-Law No. 322/90, which governs the general Social Security regime.
However, this right is not automatic: it requires formal proof of the union, through a declaration issued by the parish council, a court ruling or a certificate of registration as a de facto union.
Furthermore, article 6 of the aforementioned law determines that the beneficiary must prove that there was no legal impediment to the marriage and that the relationship was public and lasting. Thus, as in Spain, the lack of registration or formal recognition prevents access to the pension, even if the cohabitation is long and there are children together.
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