Survivor pension rights of a divorced spouse

Key rules

• Compensatory pension: You normally need to have been receiving one, recognised in your divorce ruling, that ends with your ex-spouse's death.
• New relationship: If you have remarried or entered a stable partnership, you lose the right to the pension.
• Gender violence: Proven victims of gender violence do not need a compensatory pension.
• Shared pension: The pension is split by length of marriage, and your share cannot exceed your compensatory pension.

Can you claim as a divorced spouse?

Only under specific conditions. Being divorced from someone who has died does not give you a survivor pension on its own. You must meet all of the following.

• You were receiving a compensatory pension. The "pensión compensatoria" is a payment your ex-spouse made to you after the divorce. Since 2023, it must be recognised in the divorce ruling. Your ex-spouse's death must end that payment.
• You have not remarried or entered a stable partnership.
• The person who died had enough contributions. For a death from common illness, that means 500 days of contributions in the previous five years. For a death from an accident, there is no minimum.

If you were a victim of gender violence

You do not need a compensatory pension. You must prove you were a victim of gender violence when you separated or divorced. Proof can be a court judgment, a protection order, a report from a court or the Public Prosecutor, or other documents the law recognises. The other conditions above still apply.

How the pension is shared

If the person who died also left a surviving spouse, the pension is split in proportion to the time each of you was married to them. The same applies to a partnership. If there is more than one divorced spouse, each share follows the same logic.

Your share cannot be more than the compensatory pension you were receiving. The remainder goes to the surviving spouse.

What to do next

Gather your divorce ruling and, if it applies, your proof of gender violence. Then work through the timeline below to check each condition before you apply. The questions below cover the most common doubts.

Timeline and deadlines

• Confirm your divorce ruling recognises a compensatory pension: before you claim

• Check the person who died had enough contributions for a death from common illness: at least 500 days in the 5 years before the death; no minimum for an accident

• Make sure you have not remarried or entered a stable partnership: at the time of the death and while you receive the pension

Frequently asked questions

Can a divorced victim of gender violence claim without a compensatory pension?

Yes, a divorced person who can prove they were a victim of gender violence at the time of the separation or divorce does not need to have been receiving a compensatory pension (pensión compensatoria).

How much of the survivor pension does a divorced spouse get when the current spouse also claims?

The pension is split between the divorced spouse and the current spouse in proportion to the length of each marriage with the person who died. The divorced spouse's share cannot be higher than the compensatory pension they were receiving, and the rest goes to the current spouse.

Does the compensatory pension need to be in the divorce ruling?

Yes, since 2023 the compensatory pension must be recognised in the divorce ruling for you to qualify. The survivor pension is also capped at the amount of that compensatory pension.