Survivor pension for unmarried partners (pareja de hecho)

Terms used

• Pareja de hecho — A pareja de hecho is an unmarried couple formally registered as a couple in a regional or municipal registry.
• Empadronamiento — The empadronamiento is your registration at an address with your town hall, which shows where you live.
• Escritura pública — An escritura pública is a notarial document, signed before a notary, that formalises an agreement such as a partnership.
• INSS — The INSS is Spain's national social security institute, which decides and pays survivor pensions.

Key rules

• Registration: A partnership registered after the cut-off does not count, so check the date on your certificate first.
• Same rules everywhere: Regional law decides which registry counts, but the Social Security conditions are the same in every region.
• Income: The income test uses the year before the death and is proved with tax returns.

Can an unmarried partner get a survivor pension?

Yes, if you were a registered pareja de hecho and you meet three tests: registration, living together, and income. Without a marriage certificate, you must prove all three.

Registration and living together

You need the partnership registered, or set out in a notarial document, at least 2 years before the death. You also need 5 years of continuous cohabitation shown by the municipal register. That means your certificate of empadronamiento must show you at the same address for the five years right before the death.

A registration made after the 2-year cut-off does not count. If your partnership was never registered or formalised, you cannot meet the test.

Which registry counts

The registry of the autonomous community where you lived is the one accepted, if your community has one. Some communities have a municipal registry too. Where a community has no registry, a notarial document (escritura pública) formalising the partnership is accepted.

Regional law decides which registry counts. It does not change the Social Security conditions. The same conditions apply in every region, including Cataluña and País Vasco. Check the registry details with your regional government or town hall.

The income test

The income test looks at the year before the death. The usual condition is that the deceased earned at least 50% of the couple's combined income. If you had no children together and your own income was low, a lower share of 25% can be enough.

Special cases exist. If you have dependent children and the pension would be your main income, a higher pension percentage of 70% may apply. Other exceptions apply if your own income is under 1.5 times the minimum wage. Ask the social security office (INSS) which case fits you before you apply.

You prove income with the tax returns and tax agency data for that year.

What to gather

The documents below list what to collect. Request the registry certificate and the empadronamiento certificate first, because they can take time to issue.

Documents you need

• Certificate of registration in the regional or municipal registry of de facto couples (pareja de hecho), dated at least 2 years before the death. Alternatively, a public deed (escritura pública) from a notary formalising the partnership, with the same date requirement.

• Certificate of joint empadronamiento (registration at the same address, issued by your town hall) showing you lived together for 5 years in a row immediately before the death.

• Tax returns and tax agency data for the year before the death, to prove the income of you and your partner.

Frequently asked questions

Which regional registry counts for a pareja de hecho survivor pension?

The registry of the autonomous community where the couple lived is the one that counts, if that community has one. If it has no registry, a notarial document formalising the partnership is accepted. Regional law does not change the Social Security conditions.

Do the rules differ in Cataluña or País Vasco?

No, the national social security institute (INSS) applies the same general conditions in every region, including Cataluña and País Vasco. Only the registry that proves your registration is regional. Ask the regional registry for your certificate.

What income test applies to an unmarried partner claiming a survivor pension?

Your income in the year before the death must have been under 50% of the couple's combined income, or under 25% if there were no children together and the couple's income was below the annual threshold. If you have dependent children and the pension is your main income, the pension can rise to 70%. Different rules apply if your income is below 1.5 times the minimum wage.