52% of the regulatory base, generally.
From 01-01-2019, the percentage applicable to the widowhood pension regulatory base shall be 60%, when the beneficiary meets the following requirements:
Being 65 years of age or over.
Not being entitled to another Spanish or foreign public pension.
Not receiving income for carrying out employed or self-employed work.
No real estate or property capital income, wealth gains or income from economic activities, exceeding 7,707.00 euros/year.
- 70% of the regulatory base, as long as the following requirements are met for the entire period in which the pension is collected:
The pensioner has dependent family members. Dependent family members are considered to exist when:
- They live with children under 26 years of age or disabled adults, or children in foster care or under guardianship for the purpose of adoption. In this case, a disability is deemed to exist when a degree of disability greater than or equal to 33% is certified.
- The annual earnings of the family unit, including those of the pensioner, divided by the number of family members, do not exceed 75% of the minimum professional wage in effect at all times, not including the proportional part of the two extra payments.
- The widowhood pension is the primary or sole source of income, with this requirement being met when the annual amount of the pension is greater than 50% of the pensioner's total earnings.
- The pensioner's annual income from all sources does not exceed the amount resulting from adding to the limit that, in each tax year, is expected for the recognition of the minimum payments for contributory pensions, the annual amount that, in each tax year, corresponds to the minimum widowhood pension with family dependents. The income limit in 2021 is € 18,877.6 per year (7,707.00 + 11,170.60).
The widow's/widower's pension, which is calculated annually, plus the pensioner's annual earnings, cannot exceed the maximum income indicated in the paragraph above. If they do, the amount of the widow's/widower's pension will be reduced to avoid exceeding the limit.
The three requirements must be met simultaneously. The loss of any of them will lead to the application of 52%, effective from the 1st day of the month following that in which the requirement is no longer met.
Transitional maintenance of maternity supplement
People who, on 4-2-2021, were receiving the demographic contribution maternity supplement will continue to receive it.
The receipt of the maternity supplement will be incompatible with the new contributory pension supplement for the reduction of the gender gap, and the persons concerned may choose between one or the other.
The contributory pension supplement for the reduction of the gender gap, replaces the maternity supplement for demographic contribution with a supplement aimed at reducing the gender gap, which seeks to repair the harm that women have suffered throughout their professional career for assuming a major role in the task of caring for children, which is projected in the area of pensions.
- In cases of legal separation or divorce:
When there is a single beneficiary with entitlement to a pension they will receive the full pension amount.
If after a divorce there are several beneficiaries with entitlement to the pension, it will be granted in proportion to the amount of time each of them lived with the originator, but guaranteeing, under all circumstances, that 40% will be granted to the surviving spouse or common law partner with entitlement to a widowhood pension.
Maximum limit: as of 01/01/2010, the amount of the widowhood pension cannot be greater than the compensatory pension. If it is greater, it will be reduced to the compensatory pension amount.
For separated or divorced persons who are not eligible for the compensatory pension, the pension will be granted in proportion to the amount of time spent living with the deceased originator, without prejudice to the limits (40%) that may arise in favour of the spouse or common law partner in the event of multiple beneficiaries.
- When the marriage is annulled, the pension will be granted in proportion to the amount of time spent living with the deceased, without prejudice to the limits (40%) that may arise in favour of the spouse or common law partner in the event of multiple beneficiaries.