Pensión de Viudedad

The amount of the widow’s pension is 50 per cent of the assessment base, or 25 per cent in the event that the originator of the entitlement died after having been declared permanently incapacitated whilst on duty or as a result thereof, and where the corresponding special pension had been awarded to them.

However, the percentage shall be 58 per cent or 29 per cent where the beneficiary meets the following requirements simultaneously and at all times:

a. Being aged 65 or over.

b. Not being entitled to another Spanish or foreign public pension. The aforementioned increase will be compatible with those state pensions, whether Spanish or foreign, whose amount does not exceed that figure. In such cases, the increase in the widow’s pension will be paid solely to cover the difference between that amount and the pension received by the beneficiary.

c. Not receiving income for carrying out work as an employee or as self-employed.

d. Not receiving income from capital, economic activities or capital gains, in accordance with the definition of such income under the Personal Income Tax Act, which, when calculated on an annual basis, exceeds the income limit set out in the relevant General State Budget Act in order to be eligible for the minimum widow’s pension.

In cases where, following a divorce, there are several beneficiaries entitled to a pension, this shall be awarded in proportion to the length of time each of them lived with the deceased, with 40 per cent being guaranteed to the originator's surviving spouse or civil partner.

In the event of the annulment of a marriage, the right to a pension shall be recognised as an amount proportional to the length of time spent living with the originator, regardless of whether there are other beneficiaries entitled to a pension, without prejudice to the 40% guarantee in favour of the surviving spouse or civil partner.

For their part, divorced or legally separated persons who become entitled to a widow’s pension on or after 1 January 2010 will have the amount of that pension, or of any applicable temporary benefit, reduced, if it exceeds the compensatory pension, until it reaches the amount of the latter.

No reduction shall apply in cases where it is established that the party is a victim of sex-based violence at the time of the legal separation or divorce.

Maternity supplement for widow’s pensions payable from 1 January 2016 to 3 February 2021

As a result of the judgment of the Court of Justice of the European Union of 12 December 2019, applicable to Additional Provision 18 of the TRLCPE in its version prior to Royal Decree-Law 3/2021, from 1 January 2016 both parents, regardless of their sex, are entitled to the maternity supplement, provided they have natural or adopted children and are recipients of a widow’s pension.

They shall be granted a pension supplement equal to the amount obtained by applying a percentage – based on the number of children born or adopted prior to the event giving rise to the pension – to the pension payable, in accordance with the following scale:

• In the case of two children: 5 per cent.
  
• In the case of three children: 10 per cent.
  
• In the case of four or more children: 15 per cent.
  

in any event, payment of the supplement shall be subject to the following conditions:

a. If the amount of the pension to be granted is equal to or greater than the maximum pension limit, only 50 per cent of the supplement will be paid, even where there is a combination of state pensions.

b. If the pension to be granted is less than the minimum pension amount and the claimant applies for and is eligible to receive the top-up to the minimum, the maternity allowance shall be added to this.

c. Where a state widow’s pension and a retirement pension are received concurrently, regardless of the scheme under which they are paid, the maternity supplement shall be paid in respect of the retirement pension.

Supplement for the reduction of the gender gap.

The supplement to help close the gender gap will only be paid in respect of pensions arising on or after 4 February 2021.

Prior to the judgment of the Court of Justice of the European Union (CJEU) of 15 May 2025, women who have had one or more children and who are in receipt of a widow’s pension under the Civil Service Pension Scheme shall be entitled to a supplement for each child. Similarly, in order for men to be entitled to the supplement, they must meet the requirement of being eligible to provide a widow’s pension following the death of the other parent, in respect of their joint children, provided that any of those children are entitled to an orphan’s pension.

However, following the aforementioned judgement, it has been established that the gender gap supplement must be applied to men on the same terms as those laid down for women, whilst maintaining the unitary nature of the benefit, under which it must be granted to the parent receiving the lower-value pension.

The amount of the supplement for 2026 will be 36.90 euros per month for each son or daughter. The amount payable shall be limited to four times that sum.

In addition:

• The amount of the supplement will not be taken into account when applying the maximum pension limit.
  
• The supplement will be paid in fourteen instalments, together with the pension on the basis of which entitlement to it is determined.
  
• Each son or daughter is entitled to only one economic supplement.
  
• Any supplements that may be recognised in any of the social security schemes shall be incompatible with each other, and shall be paid in the scheme in which the pensioner has been registered for the longest period of time.

Temporary continuation of the maternity allowance for civil service pensions.

Those currently receiving the maternity allowance will continue to receive it.

The receipt of this maternity supplement will be incompatible with the supplement for the reduction of the gender gap that may correspond to the recognition of a new public pension, and the persons concerned may choose between one or the other.

Entitlement to a widow’s pension shall cease when the beneficiary marries or enters into a civil partnership, or, where a temporary compensatory pension has been established, on the same date as that on which the compensatory pension would have ceased.

However, those who married on or after 1 January 2002 may continue to receive the widow’s pension provided that they meet each and every one of the following requirements:

• The pension holder must be aged 61 or over, or, if under that age, must have been recognised as having a permanent disability that renders them unfit for any profession or trade.
• The widow’s pension must be the pensioner’s main source of income (it must account for at least 75 per cent of their income).
• The total income of the newlyweds must not exceed, on an annual basis, twice the minimum professional wage in force at any given time.
  

In any event, any person who has been convicted, by a final judgement, of committing an intentional offence of murder in any form or causing bodily harm shall lose their entitlement to the widow’s pension where the victim of such offences was the person on whose account the pension was payable, unless, where applicable, reconciliation has taken place between them.

A) WIDOW’S PENSION
1.1 Any person who is, or has been, the lawful spouse of the originator shall be entitled to a widow’s pension, provided that they have not remarried or entered into a civil partnership.

In cases of separation, divorce or annulment, entitlement to a pension is subject to the condition that, where a person is entitled to the compensatory pension or compensation referred to in Articles 97 and 98 of the Civil Code respectively, such entitlement ceases upon the death of the originator. Entitlement to a widow’s pension shall not be subject to the requirement of being entitled to a compensatory pension where the beneficiary can prove that they fall within one of the following categories:

• being a victim of sex-based violence at the time of legal separation or divorce, or

• being over 50 years of age on the date of the death of the originator of the pension, or have children in common from the marriage, provided that the following requirements are met:
  • The divorce or legal separation took place before 1 January 2008.
  • No more than ten years must have elapsed between the date of the divorce or separation and the death of the originator of the widow’s pension.
  • The marriage must have lasted for at least ten years.

1.2 A person who was in a civil partnershipwith the originator at the time of their death shall be entitled to a widow’s pension if the following conditions are met:

- The originator and beneficiary:

• Have a relationship similar in affection to that of a married couple.
• They must not be married to anyone else, nor must there be any impediment to their marriage to one another.
• It must be proven, by means of the relevant certificate of residence, that the relationship was stable, well-known, uninterrupted and in existence immediately prior to the originator’s death for a period of not less than five years.

• There must be a public declaration of the status of cohabiting partners, evidenced by:
  
  • a certificate of registration in one of the specific registers maintained by the Autonomous Communities or local councils in the place of residence, or
  • by means of a public document certifying the formation of that partnership.

In both cases, the formalities must have been completed at least two years prior to the date of death.

B) TEMPORARY WIDOW’S BENEFIT
A temporary widow’s benefit, payable for two years and equal in amount to the widow’s pension that would otherwise have been payable, shall be granted to those who, in the event of the originator’s death from a common disease (health conditions that do not constitute either work-related injuries or occupational diseases), which did not arise after the marriage took place, are unable to prove a minimum period of one year’s marriage to qualify for a widow’s pension, unless:

• there are children in common or
• proof is provided of a period of cohabitation, including that recognised as a civil partnership, lasting more than two years.

The temporary widow’s benefit, where a temporary compensatory pension has been set, shall cease on the same date as the compensatory pension.