Luis Prados Ramos


As we have already been saying in other entries in this blog, the authorization of a notarial document is much broader than the mere signing of it, there are conversations and warnings, which for essentially confidentiality reasons remain in the verbal sphere. Well, in the case of the constitutive documents of common-law couples, the questions that are most often asked by those people who come to my Notary, and who are not reflected in the document, are essentially administrative in nature, specifically the tax consequences de facto couples, especially if there is the possibility of filing a joint declaration in the income tax of individuals, and if being a de facto couple is entitled to a widow's pension in the event of the death of the couple or the widow's pension is lost, in the event that a widowed person becomes a common-law couple.

We are going to refer very briefly to the issue of the widow's pension, differentiating the following sections, with the warning that what we are stating is still a small call to attention that will require a study of each particular case.

1.- What is the widow's pension? It is an economic benefit that consists of a life pension that is granted to those who have been married or were a common-law partner with the deceased person.

2.- Term to request it. It can be requested at any time after death. If the request is made three months after the death, the pension will be paid with a maximum retroactivity of three months.

3.- What requirements must be met?

Regarding the deceased person:

The social security legislation is long enough to refer to all cases, but in principle, and in general, for people integrated into the General Scheme they must have a minimum contribution of 500 days, within an uninterrupted period 5 years prior to death, except in the case of an accidental death.

Regarding the beneficiary:

It is enough to prove the marriage without any requirement of duration, except if the death of the deceased derived from a common illness, not occurring after the conjugal bond, in which it will also be required that the marriage had been celebrated at least one year before the date of death or, alternatively, the existence of joint children.

Said duration of the marriage bond shall not be required when, on the date of its celebration, a period of cohabitation with the deceased was accredited, in the terms established in the fourth paragraph of section 3, which, added to the duration of the marriage, would have exceeded the two years.

In the case of common-law couples, it is necessary, in any case, a stable and notorious cohabitation immediately after the death of the deceased and with an uninterrupted duration of not less than five years.

4.- When is the widow's pension lost?

The widow's pension is lost by contracting a new marriage or constituting a domestic partnership. However, the receipt of the widow's pension may be maintained, even if the pensioner contracts a new marriage or constitutes a domestic partnership, provided that the following requirements are accredited:

Being over 61 years of age or younger and also having a recognized absolute permanent disability or severe disability pension or accrediting a disability of a degree higher than 65%.

The widow's pension must constitute the pensioner's main or only source of income. It is understood that it constitutes the main source of income, when the amount of the same represents, at least, 75% of the total income of the former, in annual calculation.

The married couple or common-law couple have an annual income, of any nature and including the widow's pension, that does not exceed twice the amount, in annual calculation, of the current SMI at any given time.

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