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When a man dies and has had several wives, who is entitled to the pension? These days, when, unfortunately, some loved ones are passing away, legal questions may arise. Having married several times, it is essential to know that your widow’s pension will have to be divided both between your ex-spouse and your current spouse. That is, the pension is unique but it will be distributed depending on the beneficiaries that exist and all of them would receive.

Even this situation It also extends to the periods of cohabitation of the de facto couple, without the need for there to have been a subsequent marriage, having been able to live with a person, for example, for five years but only one of them as a marriage. Those four years of coexistence will also be taken into account for the calculation at the time of the widow’s pension.

Of course, to be a beneficiary of the widow’s pension A series of requirements must be metone of the main ones being having the right to a civil compensatory pension during life that, obviously, will be lost at the time of death.

The deceased’s pension It is the same regardless of whether there are one or more beneficiaries.. Articles 219 et seq. of Royal Legislative Decree 8/2015, of October 30, which approves the consolidated text of the General Social Security Law, address these issues regarding the widow’s pension in cases of separation, divorce or marriage annulment.

In the event of several recipients of the same widow’s pension It is established that the distribution will begin from the first cohabitation until death of the deceased. Each of them will perceive the percentage in proportion to the time of coexistence with the deceased. The right of each one is established including cohabitation before marriage, until the moment of separation or divorce.

He time in which the deceased has not lived with anyone will benefit the last spouse or de facto partner that exists at the time of death.

Therefore, the amount of the pension will have to be distributed proportionally to the time that each of the beneficiaries has lived with the deceased but, in any case, always with the guarantee of reserving 40% of the benefit in favor of the last spouse or partner de facto of the deceased with the right to the pension, under article 220.2 of the LGSS.

Gender violence

Article 220.1 of the LGSS makes special mention of the right of women who have suffered gender violence to receive this pension without having to have received compensatory pension during life.

It establishes that “in any case, women who, Even though they were not creditors of a compensatory pension, they could prove that they were victims of violence gender at the time of judicial separation or divorce through a final judgment, or filing of the case due to extinction of criminal responsibility due to death; In the absence of a sentence, through the protection order issued in your favor or a report from the Public Prosecutor’s Office that indicates the existence of evidence of being a victim of gender violence, as well as through any other means of evidence admitted by law.

That is, there are several requirements to have the right to receive the widow’s pension, being the main one of them collecting a compensatory pension during lifeunless gender violence has been suffered, which requirement will no longer be essential.

*Diana Gallero Pastor is a lawyer.

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