A judicial decision in Spain contradicted Social Security and recognized the right to a widow’s pension for a woman whose marriage had taken place just six days before her partner’s death, proving that there had been a long-term cohabitation prior to the marriage.
This case was decided by the Superior Court of Justice of Galicia, after Spanish Social Security initially refused the pension based on the short period of marriage and the absence of children together.
The death occurred on March 14, 2022 and the couple had formalized their marriage a few days before, after several years of living together as a couple, according to the Spanish digital newspaper Noticias Trabajo.
Lack of legal requirements
In the administrative decision, the National Social Security Institute (INSS) understood that the legal requirements were not met, since the marriage had lasted less than a year and, in its opinion, the previous coexistence that would allow the minimum period required by law to be completed had not been sufficiently proven.
Spanish legislation determines that, when the marriage is less than a year old and there are no common children, the surviving spouse is only entitled to the pension if they demonstrate that, adding up the time spent together prior to the marriage, the couple lived together for at least two years.
Widow appealed to the courts
According to the same source, the widow appealed to the courts, arguing that her coexistence with the deceased had lasted for several years and that this reality was supported by testimonial and documentary evidence. In the first instance, the Lugo Social Court ruled in favor, considering this evidence sufficient.
Social Security then appealed to the Superior Court of Justice of Galicia, but the court confirmed the previous decision, highlighting that testimonial evidence has full legal value and cannot be dismissed without clear documentary evidence demonstrating the opposite.
With this decision, the court recognized the woman’s right to a widow’s pension, with a regulatory base of 2,938.23 euros, and ordered Social Security to pay all outstanding payments since April 1, 2022, according to the .
Legal framework in Portugal
In Portugal, the survivor’s pension is regulated, above all, by Decree-Law No. 322/90. In the case of spouses, the law imposes, as a rule, a minimum period of marriage duration of one year before the date of death to access the pension, unless the death was the result of an accident or illness contracted or manifested after the marriage.
In situations of de facto union, Law No. 7/2001 requires that cohabitation be proven for a minimum period of two years at the date of death. This proof can be provided through documents and, in certain cases, through testimonial evidence, and it is common for negative Social Security decisions to be reviewed by the courts.
Different regimes, same principle
Although the Portuguese regime is different from the Spanish one, both are based on the same essential principle: effective and stable coexistence can be decisive for the recognition of the right to a pension, even when the marriage is recent or non-existent.
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