The death of the spouse or partner can generate the right to a contributory widow's pension, but neither its recognition nor the amount received are the same in all cases.
Social Security establishes different requirements depending on the relationship between the two people, the employment situation of the deceased, and the cause of death. The amount also fundamentally depends on its regulatory base and the percentage that corresponds to apply.
One of the most common doubts has a clear answer: receiving a widow's pension is compatible with working, both as an employee and self-employed.
Who can receive the widow's pension
Among the potential beneficiaries are the surviving spouse, certain separated or divorced individuals, those who had a marriage declared null, and de facto couples who meet the legally established conditions.
The specific requirements vary according to each situation.
It must also be verified whether the deceased had contributed enough. When they were registered or in a situation assimilated to registration, Social Security generally requires 500 days of contributions within the five years immediately prior to death or 15 years throughout their working life.
If they were not registered, 15 years of contributions are required.
When the deceased was already a pensioner, no additional period is required, nor is prior contribution required when death occurs as a result of accident or occupational disease.
In some short-duration marriages, de facto couples, divorces, or separations, there are additional conditions, so it is not enough to apply the general rule.
How much is received from the widow's pension
There is no single widow's pension with a fixed amount.
Social Security calculates the benefit based on a regulatory base, the determination of which depends on the situation of the deceased and the cause of death.
On that amount, generally, 52% is applied.
For example, if the applicable regulatory base were 1,500 euros per month, 52% would amount to 780 euros, before considering minimums, supplements, or other circumstances that may apply.
When can it rise to 60%
The percentage can reach 60% of the regulatory base for beneficiaries of at least 65 years old who simultaneously meet certain conditions.
Among them are not having the right to another public pension, not obtaining income from self-employment or employment, and staying within the established limit for other incomes.
This introduces an important difference: although the ordinary widow's pension is compatible with working, doing so may prevent the application of this special percentage of 60%.
When can it reach 70%
There is also the possibility of applying 70% of the regulatory base, but the requirements are more demanding.
The Social Security requires simultaneously, among other conditions, having family burdens, that the widow's pension is the main or only source of income and not exceeding certain economic limits.
If any of those requirements are no longer met, the increased percentage ceases to be applicable.
Can I work and receive the widow's pension?
Yes. The general rule expressly states that the widow's pension is compatible with the income obtained by the beneficiary through work.
Therefore, starting to work or continuing in the job that one already had does not automatically cause the loss of the pension.
Another different issue is that the new income may affect certain supplements, minimum amounts, or increased percentages subject to income limits.
Is it compatible with retirement?
Also. The widow's pension is compatible with the retirement pension and with a permanent disability pension to which the same person is entitled.
There are, however, specific rules when multiple pensions occur and general maximum limits of the system that may condition the final amount received.
When does it start being collected
The effective date also depends on the situation. When the deceased was registered, in an assimilated situation, or was not registered, the economic effects can begin the day after the death if the application is submitted within the following three months.
When the deceased was a pensioner, the effects begin on the first day of the month following the death, provided that the application is made within that same period.
If applied later, the maximum economic retroactivity is three months from the date of application.
The pension is normally paid in 14 payments, with extraordinary payments in June and November. In those derived from work accidents or occupational diseases, the extraordinary payments are prorated among the twelve monthly payments.