The widow's pension is part of the death and survivor's benefits. This type of benefit is intended to compensate for the financial need caused to certain people by the death of others.
In the case of the widow's pension, we must differentiate between the widow's pension and the temporary widow's benefit.
Who are the beneficiaries?
Three categories of beneficiaries:
The spouse of the deceased who is not legally separated
Whoever is the spouse of the deceased at the time of his death, we gambling data brazil speak of marriage in the strict sense. Article 219 General Law on Social Security (LGSS)
The protection operates unconditionally.
Exceptional case: in cases of death due to a common illness diagnosed prior to the marriage. A minimum duration of one year is required, unless there are common children (art. 219.2 LGSS)
This rule is intended to prevent marriages of convenience. In turn, the exception of one year of marriage will be excepted if there is a previous cohabitation more uxorio , more than 2 years are required, taking into account both the time of previous cohabitation and the time of the marriage.
As for the temporary widow's benefit, only spouses who do not meet the minimum duration requirement of the marriage and who do not have children can benefit from it. It does not apply to de facto couples.
Spouse of the deceased subject judicially separated from him
It is regulated in art. 220 LGSS.
This category is a “catch-all” because it includes: the spouse who has been legally separated from the deceased; the ex-spouse of the deceased, whether by divorce or by annulment of marriage, and provided that they have not remarried or formally constituted the so-called de facto couple (the formalization of the de facto couple automatically converts it into a legal couple).
Only those in this category who are entitled to a compensatory pension (art. 97 CC) or compensation in the case of marital annulment (art. 98 CC) may be beneficiaries.
- An exception is made for women who are victims of gender violence, who, even if they are not entitled to compensatory pension, prove such status at the time of legal separation, divorce or annulment, art. 219.1 second paragraph of the LGSS.
This is the most complex. It was introduced with the 2007 reform and is regulated in art. 221 LGSS.
The de facto partnership must be formalized either by registration in one of the specific registries existing in the autonomous communities or town halls of the place of residence or by means of a public document stating the constitution of said partnership. Both the registration and the formalization of the corresponding public document must have occurred at least two years prior to the date of death (art. 221.2 second paragraph LGSS)
The members of a de facto couple cannot have a marital bond, that is, they cannot be prevented from entering into marriage under the terms of civil law.