Widowers of de facto couples have the same conditions of access to the pension as if they had married

Since last January 1, 2022, Law 21/2021, eliminates the economic limitation that prevented the survivor of a de facto couple from accessing the widow’s pension if they had income higher than that of their partner when he/she died. And it is that until December 31, 2021, in order for the widow’s pension to be granted to the surviving member of the de facto couple, it was necessary that their income, during the year prior to death, be less than 50% of the sum of the income of the two members of the couple (or 25% if they have common children), or who earn less than 1.5 times the Minimum Interprofessional Salary. Consequently, if the widow or widower of the de facto union received more than his partner, he was not entitled to receive the pension.

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