The Supreme Administrative Court (STA) confirmed the definitive loss of the survivor’s pension of a woman who, after the death of her husband, began to live in a de facto union with another man. In accordance with the ruling of May 16, 2024 (Proc. no. 0368/17.0BEPRT), the court consolidated the understanding that the formation of a new stable and lasting relationship constitutes a legitimate reason for canceling the widow’s pension.
The decision reinforces an interpretation already established in administrative jurisprudence, according to which the right to a survivor’s pension ceases when the beneficiary returns to a union equivalent to marriage.
The case analyzed by the Supreme Court
The woman in question received a survivor’s pension after the death of her husband, who was a beneficiary of the public social protection scheme. A few years later, the Caixa Geral de Aposentações (CGA) found that he was living in stable cohabitation with another man and ordered the immediate termination of the pension, also demanding the return of the amounts received after the start of the new relationship.
According to the ruling, the court confirmed that the woman lost her status as a pensioner from the moment she entered into a de facto union, as this situation is legally equivalent to marriage for the purposes of terminating the benefit.
The legal basis of the STA
According to the STA, the decision is based on the Survivors’ Pensions Statute (EPS), whose article 47, paragraph 1, subparagraph a), determines that the status of pensioner ends “by marriage or de facto union”. The interpretation is reinforced by article 41 of the same diploma, which regulates the causes for termination of the right to a pension.
In the general Social Security regime, the rule is identical and is set out in Decree-Law no. 322/90, which defines the conditions for granting and maintaining survivor pensions. According to the ruling, the legislator’s objective is to avoid the accumulation of benefits associated with different family relationships, since the pension is only awarded to those who are widowed or in a similar situation.
Practical effects of the decision
The Supreme Court thus confirmed the definitive cessation of the right to pension from the beginning of the de facto union, as well as the obligation to return amounts received after that date, considered undue.
According to the decision, the replacement is mandatory, since the payments resulted from a situation that had already ended, and the beneficiary did not inform the administration of the change in her condition.
A precedent with impact
This STA decision reinforces a line of jurisprudence that had already been followed by other higher courts, consolidating the principle that the right to a survivor’s pension is incompatible with a new marital relationship, formal or informal.
The could serve as a reference for future cases, clarifying the limits of the right to widow’s pensions and the obligation of beneficiaries to communicate any change in their family situation.
The decision also has a relevant practical impact on public administration and the general Social Security regime, by guaranteeing the uniformity of criteria and preventing the undue receipt of benefits, reinforcing control and transparency in the pension system.
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