In this article we will learn about the rights that women victims of gender violence have regarding the widow's pension.
The law establishes that women who have been victims of gender violence, regardless of other types of pensions that may correspond to them due to divorce, if they will have the right to a widow's pension
Normally, women who do not have a compensatory pension when their former spouse dies, are no longer entitled to that widow's pension. But in the case of gender violence, there is an exception, and it must be proven by gender violence at the time of separation or divorce.
On January 1, 2010, a law entered into force that establishes that the compensatory pension will no longer be a requirement for women victims of gender violence, who will be able to access the widow's pension, even if they are not beneficiaries of it, or have been in the past, but the compensatory pension has been temporary or has been terminated for legal reasons (STSJ Catalonia of November 13, 2014).
The aim is to increase the protection of women since sometimes, in order for the situation to be resolved as quickly as possible, women may end up renouncing certain rights, such as requesting a compensatory pension.
Regarding the evidence, the Supreme Court establishes "any other means of evidence admitted by Law", so the presentation of a final Judgment, Protection Order or Report of the Public Prosecutor's Office is NOT required, being able to prove their condition through complaints, administrative documents, testimonials, etc. The objective again is to give more protection to this group.
What happens with common-law couples? The requirements are the same, and also, in the event that there is no separation, the Supreme Court has recognized the impossibility of demanding the requirement of coexistence established in article 221 LGSS when there is violence of gender involved, since this would imply requiring the woman to remain in a situation of danger and lack of protection (Judgment of the Supreme Court, 4th Chamber, No. 9O8 / 2020 (appeal No. 2753/2018) of October 14, 2018) .
If you have any questions related to the subject covered in this article, contact our expert lawyers in Family Law. Remember, we put your rights above all else.