After having his request rejected by Social Security, a man managed to get the Spanish Supreme Court to award him a widow’s pension worth 2,970 euros per month. The reason? The wedding ceremony with his partner, with whom he had lived for more than 20 years, could not take place due to the pandemic confinement.
The story of Jesús Luis and Amparo has moved many Spaniards and set a legal precedent that could have an impact on other similar cases, according to the Spanish portal Noticias Trabajo. After two decades of life together, the couple had set the date for their civil wedding for March 11, 2020. However, three days later a state of emergency was declared due to COVID-19, which prevented the ceremony from being held.
Request denied by Social Security
When Amparo died in May of that same year, Jesús requested a widow’s pension. The request was refused based on article 221 of the General Social Security Law, which requires formal marriage or registration as a de facto union. For the public body, the fact that they had lived together for decades was not enough to guarantee the right to the subsidy.
In the response letter, Social Security stated that the applicant did not meet the legal criteria. But Jesus decided to fight. He gathered evidence of prolonged coexistence — joint bank accounts, co-owned properties, reciprocal wills and shared residence records since 2006.
Court recognized the marital relationship
With all these elements, he filed an appeal and claimed that the impossibility of marriage was due to a “cause of force majeure”. In the first instance, the Madrid court upheld the Social Security decision. However, Jesús did not give up and advanced to the Superior Court of Justice in the same region.
That’s when the case started to change. The judges understood that the interpretation of the law should be “tuitive and flexible”, that is, adapted to the social reality of the moment, as provided for in article 3 of the Spanish Civil Code.
A question of humanity and common sense
The court considered that Jesús and Amparo unequivocally demonstrated their intention to marry and that the pandemic was the only obstacle. Therefore, it would not be fair to penalize you for an event beyond your control.
The decision also highlighted that the case was not an informal union, but a solid commitment, proven by documents. Based on this understanding, her right to a widow’s pension was recognized, even without the formalized marriage bond.
Supreme Court confirmed decision
Social Security appealed the decision, taking the case to the Supreme Court. However, the highest court magistrates confirmed the opinion of the Madrid court.
In its reasoning, the Supreme Court highlighted that “the impossibility of celebrating the wedding was caused by an extraordinary event beyond the control of the parties: the state of emergency caused by the pandemic”.
“Finalist” interpretation of the law
The judges argued that, in exceptional situations, the rule must be applied with common sense, valuing the spirit of the law and not just the letter. “The consequences of an adverse and involuntary event cannot produce negative effects for anyone unrelated to its cause,” they wrote in the decision.
This “finalist” reading allowed the couple’s stable relationship to be equated with a formal marriage, thus guaranteeing access to the widow’s pension.
A relevant legal precedent
With this ruling, the Supreme Court established a precedent that could be invoked in other similar cases, especially those affected by circumstances of force majeure, such as health crises or natural disasters.
In addition to the economic value, this decision is seen by jurists as a gesture of humanity and justice, recognizing that love and commitment are not only measured by documents, according to the .
And in Portugal?
In the Portuguese case, the survivor’s pension is only granted to spouses or civil partners with formal registration, in accordance with Decree-Law no. 322/90. However, courts have been admitting alternative evidence when there is robust documentation that proves the relationship and economic dependence, especially in exceptional situations.
Even so, Portuguese law remains more restrictive than Spanish law in this matter, making it unlikely that an identical case would have the same outcome.
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