Widow's and widower's pension (pensión de viudedad) in Spain

Terms used

• Base reguladora — The base reguladora is the reference salary, based on the deceased's contributions, that the pension percentage is applied to.
• INSS — The INSS is the national Social Security institute that handles pension claims.
• Pareja de hecho — A pareja de hecho is an unmarried couple whose partnership is registered or set out in a notarial document.
• Empadronamiento — Empadronamiento is registration of your address in the municipal register (padrón).
• Jubilación — Jubilación is the retirement pension.

Key rules

• Contributions: For a death from common illness, the person who died needs at least 500 days of contributions in the 5 years before death.
• Rate: The pension is 52% of the base reguladora, or 70% if you have dependent children, a disability of 65% or more, or the pension is your main income and income conditions are met.
• Nationality: You do not need Spanish nationality to claim.
• Working: You can work and still receive the pension.

Who can claim

A surviving spouse can claim the pension (pensión de viudedad) if three conditions are met: the person who died had paid in enough, your marriage or partnership counts, and you fit the relationship rules below. The amount is a percentage of the deceased's base reguladora.

What the person who died must have paid in

If the death was from common illness, the person must have been registered with Social Security (or in an equivalent situation) and have contributed at least 500 days in the 5 years before death.

If the death was from an accident or an occupational disease, there is no minimum. The person must still have been registered or in an equivalent situation.

If the person was not registered when they died, 15 years of total contributions are required. Some cases waive the 500 days for pensioners or people who were registered. Ask the INSS (the Social Security office) whether your case qualifies.

Marriage and partnership conditions

• Spouse: the marriage must have lasted at least one year if the death was from common illness. This is waived if the death was from an accident or occupational disease, if you have a child together, or if your time living together as a couple plus your marriage adds up to two years.
• Unmarried partner: the conditions are set out in the page on registered partners (pareja de hecho). In short, you need a registered partnership or notarial document at least 2 years before the death, plus 5 years of continuous cohabitation shown by the municipal register (empadronamiento). Partners may also need to provide income documents.
• Divorced: ex-spouses can claim in some cases. Bring your divorce decree and maintenance order.

How much you get

The pension is a percentage of the base reguladora. This is the deceased's reference salary, worked out from their contribution bases over a set period before death, or their pension base if they were already a pensioner.

The rate you get is shown in the choice below. Minimum amounts are set each January and depend on your age (under 60, 60 to 64, or 65 and over) and on whether you have dependants. If your income is low, you may get a top-up to the minimum, and for that you must live in Spain. Check the current figures with the INSS.

Nationality, work and other pensions

You do not need Spanish nationality. Foreign survivors living in Spain are treated the same, and the pension can be paid abroad. EU rules and bilateral treaties cover survivors living in other countries.

You can work and keep the pension. You can also receive it alongside your own retirement pension (jubilación), but the total of public pensions is limited by the annual maximum.

Remarriage

Remarriage or a new partnership no longer ends the pension for most people. It is generally kept if, for example, you are over 61, have a disability, have low income, or have dependent children and the pension is your main income. See the warning below, and ask the INSS before you remarry.

Applying

Deadlines and the order of steps are in the timeline below, and the documents are in the documents list.

Choosing between options

Which rate of the base reguladora will your widow's pension be paid at?

• The general rate of 52%: You have no dependent children, no disability of 65% or more, and the pension is not your main income.

Start from 52% of the base reguladora, which is the reference salary built from the contributions of the person who died. Move to 70% if any one of the higher-rate situations applies and you meet the income conditions. If your income is low, you may also get a top-up to the yearly minimum amount, which depends on your age and on whether you have dependants. This top-up requires you to live in Spain.

Timeline and deadlines

• Claim the pension so it is paid from the day after the death: within 3 months of the death

• Claim the pension late, in which case payment is backdated only 3 months before your application: after 3 months and up to 5 years after the death

Documents for a survivor pension claim

• The claim form for the survivor pension, filled in.

• Your ID: DNI, NIE or passport.

• The death certificate of the person who died.

• Your marriage certificate, or proof of your registered partnership if you were not married.

• The ID and Social Security number of the person who died.

• Your divorce decree and maintenance order, if you are divorced.

• Your family record book (libro de familia) or your children's birth certificates, if children are involved.

• Your bank account details, so the pension can be paid.

• For an unmarried partner: a certificate from a regional or municipal registry of de facto couples (pareja de hecho), or a public deed (escritura pública) formalising the partnership, dated at least 2 years before the death.

• For an unmarried partner: a joint empadronamiento certificate (town hall registration at the same address) showing you lived together for at least 5 years immediately before the death.

• For an unmarried partner: your tax returns and tax agency data, to show the income test. The person who died must have earned at least 50% of the couple's income, or 25% if your own income was below the minimum wage.

• For documents issued outside Spain: an apostille under the Hague Convention, or consular legalisation if the country is not a party. EU documents on multilingual standard forms need neither, and a bilateral treaty may exempt some other countries.

• For documents not in Spanish or a co-official language: a sworn translation (traductor jurado) by a translator appointed by the Ministry of Foreign Affairs. EU multilingual standard forms need no translation.

What to watch out for

• Remarrying can still put the pension at risk: Remarriage or a new partnership no longer ends the pension for most people, but you keep it only in certain situations. These are being over 61, having a disability, having income below the threshold, or having dependent children, and the pension being your main income. Before you remarry or register a new partnership, ask the INSS whether you meet those conditions. If you lose the pension through a new marriage, you may be able to recover it if that marriage ends, under conditions.

Frequently asked questions

How long must I have been married to claim a widow's pension?

You must have been married at least 1 year if the death was from common illness. This is waived if the death was from an accident or occupational disease, if you have a child together, or if your cohabitation as a couple plus the marriage add up to 2 years.

Do I need Spanish nationality to get a widow's pension?

No, you do not need Spanish nationality, because the right depends on the contribution record of the person who died and your relationship with them. The pension can be paid abroad if you live outside Spain. A top-up to the minimum amount does require you to live in Spain.

Can I work and keep the widow's pension?

Yes, the widow's pension is compatible with a job and with your own pension, including a retirement pension (jubilación).