Survivor pension when your spouse worked or married abroad

Key rules

• Foreign marriage: A marriage valid where it was celebrated is generally recognised, including same-sex marriages, but polygamous marriages generally are not.
• Contributions abroad: Your spouse's periods in EU, EEA, Swiss or treaty countries can be added together to meet Spain's requirement.
• Where to claim: In the EU, EEA and Switzerland you claim in your country of residence; elsewhere the treaty or the INSS decides.
• Paid abroad: The pension can usually be paid abroad, but residence-based top-ups may not be.

Foreign marriages can be recognised in Spain, your spouse's contributions in other countries can be added to their Spanish ones, and the pension can often be paid abroad. Which office you claim through depends on the country involved.

Is your foreign marriage recognised?

Usually yes. A marriage is generally recognised if it was valid under the law of the place where it took place and does not clash with Spanish public policy. You prove it with a marriage certificate from that country's civil registry. The documents list below shows what to bring.

• Same-sex marriages are recognised.
• Polygamous marriages are not recognised in general. In some cases the pension can be shared between spouses, and the first marriage normally takes precedence. If this is your situation, ask the INSS before you claim.

Does work abroad count?

Yes. If your spouse worked in another EU or EEA country, or in Switzerland, those periods are added to their Spanish periods to meet Spain's contribution requirement. The same applies to countries with a bilateral social security treaty with Spain, such as Chile, Argentina and Morocco. Each treaty has its own conditions.

Spain then pays only its own share, in proportion to the time your spouse contributed in Spain. Each other country pays its share separately.

Where do you file the claim?

• EU, EEA or Switzerland: File with the pension institution of the country where you live. It passes the claim to the other countries and acts as your contact point. If you live in Spain, that is the INSS (Instituto Nacional de la Seguridad Social).
• Treaty countries: The treaty sets the procedure, often with joint forms. Ask the INSS or the foreign pension office which applies.
• No treaty: File directly with the INSS, or through a Spanish consulate.

Can you be paid if you live abroad?

Generally yes. Spanish survivor pensions can be paid to people living in the EU, EEA and Switzerland, and elsewhere under Spanish law or treaties. Payment goes to a bank account, often one abroad.

You will have to prove periodically that you are alive and still entitled. You do this with a life certificate (certificado de supervivencia) or the INSS annual proof-of-life form. A local authority or consulate usually issues it. Some EU states check electronically instead. Forms vary by country, so ask the INSS what applies where you live.

Top-ups that depend on living in Spain, such as minimum-pension supplements, may not be paid abroad.

Documents you need

• Marriage certificate from the country where you married, issued by its civil registry, to show the marriage was valid under local law and register or prove it in Spain.

• Life certificate (certificado de supervivencia) or the INSS annual proof-of-life form, only if you live outside Spain and receive the pension there. A local authority or consulate usually issues it.

Frequently asked questions

Where do I file the claim if my spouse worked in Spain and another EU country?

You file the claim with the pension office of the country where you live. That office sends it on to the other countries involved and acts as your contact.

Does my spouse's work abroad count towards Spain's contribution requirement?

Yes, contributions in other EU/EEA countries, Switzerland or treaty countries are added to the Spanish ones to meet the requirement. Spain then pays only its share, based on the periods worked in Spain. Treaty countries such as Chile, Argentina and Morocco each have their own conditions.

Can I get a Spanish survivor pension if I move abroad?

Yes, Spanish survivor pensions can be paid to you abroad, into a bank account that is often abroad.

Is a same-sex or polygamous marriage from abroad recognised in Spain?

Same-sex marriages celebrated abroad are recognised, but polygamous marriages generally are not.