Separation, divorce or a partner's death: keeping your healthcare

Terms used

• INSS — The INSS is Spain's national social security institute, which decides who is entitled to public healthcare.
• CAISS — The CAISS is an INSS service centre where you apply in person for social security matters.
• S1 — The S1 is a form that lets someone insured in another EU/EEA/UK state receive healthcare in Spain at that state's cost.
• Convenio especial — The convenio especial is a social security agreement giving public healthcare for a monthly fee.
• Pensión de viudedad — The pensión de viudedad is the widow's or widower's pension paid to a surviving spouse or partner.
• Autónomo — An autónomo is a self-employed worker registered with social security.
• Registro Civil — The Registro Civil is the civil registry where births, marriages, divorces and deaths are recorded.
• Padrón — The padrón is the town hall's list of residents; being registered there gives you an empadronamiento certificate.

Key rules

• Act at once: Do not rely on staying covered while the change is processed; arrange new cover straight away.
• Children: Your children keep their own beneficiary status when you divorce.
• S1 dependants: A divorced spouse can no longer be a family member under an S1, so you need another route.
• First stop: The INSS decides your route and date, so start there with your ID, empadronamiento and proof of the event.

What happens to your cover

Your cover as a beneficiary depends on the relationship. It ends when a marriage ends by divorce, legal separation or annulment. For a registered partner, it ends when the partnership ends. Your children keep their own beneficiary status.

There is no formal grace period. In practice you can often stay covered until the INSS processes the change, but do not count on it. Arrange new cover straight away. The INSS provincial office decides the exact date and any transitional treatment.

Which route replaces it

There are four routes. The decision below helps you choose.

1. Your own insured status. This applies if you work as an employee or autónomo, or receive unemployment benefit or a pension.
2. Universal cover. This is for residents with no other cover. The INSS and your regional health service confirm it.
3. Convenio especial or the paid public scheme. These are for people not otherwise covered. You pay a monthly fee, and you need at least a year of residence.
4. S1 or private insurance. An S1 applies if another EU, EEA or UK state's scheme covers you. Otherwise, private insurance is an option.

The right route depends on your work, how long you have lived in Spain, your income and whether another state must pay for your cover.

If your partner has died

A surviving spouse or partner can usually keep cover. If you get a widow's pension (pensión de viudedad), you have pensioner status and your own right to healthcare. Without a pension, you may stay covered as a beneficiary while the INSS processes the change.

If you have no other route, universal cover may apply. You must be resident, have no other cover and not be caught by the income limit that applied before 2018. If not, look at a convenio especial or private insurance. The INSS decides each case.

If you were covered through an S1

Cover as a dependant on an S1 comes from the S1 holder. It normally ends when the holder dies or the marriage ends. A divorced spouse can no longer be a family member under the S1.

You then need another route: your own work or pension, universal cover or a convenio especial. After a death, you may keep a right through your own pension from the other country. Ask the INSS to confirm which rules apply to you now.

Whom to tell

Report the change promptly. There is no single fixed deadline.

• The INSS (Dirección Provincial or CAISS), so your status is updated and your new route is registered.
• Your regional health service, so your health card is updated or reissued.
• The Registro Civil, about the divorce or death.
• Your town hall, to update your padrón registration if your address changes.
• The foreign institution that issued the S1, if you had one.

Apply at the INSS with your ID, your empadronamiento and proof of the divorce or death. The documents and checklist below cover the details.

Choosing between options

Which route replaces the healthcare you had as a beneficiary?

• Your own insured status: You work as an employee or self-employed, or receive unemployment benefit or a pension, including a widow's pension after a death.

• Convenio especial or the paid public scheme: You have no other cover and have lived in Spain for at least a year; you pay a monthly fee.

• S1 or private insurance: Another EU, EEA or UK state is responsible for your cover and issues an S1, or you choose to buy private insurance.

Start with your own insured status. If you have none, use universal cover; if that does not apply, take a convenio especial, an S1 or private insurance.

Documents you need

• Your ID, to apply at the INSS (CAISS) for your new route.

• Your empadronamiento, the certificate showing you are registered at your address with the town hall.

• Proof of the divorce or of the death, such as the court ruling or the death record.

Check with the INSS which documents your office asks for and in what form.

Checklist

• Report the separation, divorce or death to the INSS (Dirección Provincial or CAISS) promptly, so your status is updated.

• Tell the Registro Civil (civil registry) about the event.

• Tell the foreign institution that issued the S1 if you were covered through one.

• Bring your ID, empadronamiento and proof of the divorce or death to the INSS to register your new route.

Frequently asked questions

Can I stay covered after my divorce until I find new cover?

Often yes for a short time, but there is no formal grace period. The INSS usually withdraws your cover from the date of the court ruling once it learns of the change, so arrange new cover straight away.

Do my children lose their healthcare when I divorce?

No, your children keep their own beneficiary status when you separate or divorce. The change affects the former spouse or partner, not the children.

Do I get healthcare if my partner dies and I get no widow's pension?

Yes, you can usually keep cover as a beneficiary while the INSS processes the change. After that, if you live in Spain and have no other cover, universal cover is open to you. A convenio especial or private insurance are the other options.

What happens to my S1 cover if my spouse who holds the S1 dies?

Your S1 cover normally ends, because it comes from the holder. You then register by another route, such as your own insured title, universal cover or a convenio especial. If you get a pension from the other state, that may give you your own right.