The Superior Court of Xustiza of Galicia has Denied the granting of a widow’s pension to a woman who lived with her deceased partner until the moment of her deathdespite being judicially separated for more than 10 years. Therefore, they agree with the Social security and annul the previous decision of the Social Court number 4 of Pontevedra, which recognized their right to receive a benefit whose monthly amount was 874.16 euros.
It all begins when the plaintiff, this woman, requested in December 2021 the recognition of a widow’s pension after the death of her husband, which occurred in October of that same year. Although They were both married and had two children.in 1998 they decided to formalize their judicial separation, under a regulatory agreement for their situation. Despite this separationdue to their situation They decided to continue living together maritally for more than 20 years until his death..
Faced with this situation, the woman decided to request a widow’s pension from the National Social Security Institute (INSS), but it was denied. The INSS argued in the resolution letter that it did not meet the legal requirements to access the pension, since the applicant did not receive a compensatory pension after the separation, as required by law, nor had she judicially regularized a marital reconciliation. This fact was key, since, in addition, it indicated that Mere cohabitation was not enough to generate the right to a widow’s pension. and that they could not be recognized as a de facto couple either because an undissolved marital bond still existed.
Due to the denial of recognition, this woman decided to file a claim with Social Security, but it was denied for the same reasons. Faced with this situation, she decided to take her situation to the courts to determine whether or not she was entitled to a widow’s pension.
There was no judicial reconciliation
In the first instance, the Social Court number 4 of Pontevedra, ruled in favor of the plaintiff, recognizing her right to a widow’s pension.. The court took into account that both the widow and the deceased lived together for more than 20 years after the judicial separation, and considered that this cohabitation could be equated to a marital relationship sufficient to justify the granting of the pension.
Social Security, not satisfied with the decision, decided to file an appeal before the Superior Court of Xustiza de Galicia (TSXG). This, after reviewing the situation again, decided to revoke the decision of the previous court and deny the widow’s pension.
The reason given by the court is that although the prolonged cohabitation was proven, this It did not have legal effects equivalent to a marriage full, since there was no formalized reconciliation before the judge who issued the separation sentence.
To this end, it based its decision on article 220 of the General Social Security Law, which requires, in separation casesthe receipt of a compensatory pension to access the widow’s pension. He also considered article 84 of the Civil Code, which orobligates any reconciliation to be judicially formalized. Furthermore, Bárbara could not be recognized as a de facto couple because an undissolved marital bond continued to exist.
The court concluded that,Although the widow and the deceased lived together for years after the separation, failure to meet the requirements prevented the pension from being granted.. For this reason, it upheld the Social Security appeal and denied this woman her right to a widow’s pension.