Access to widowhood pension cohabiting couples who had previously been marriage and divorce resumes after living together. Procreation and indeed are not cumulative. A purpose of the Supreme Court ruling of July 20, 2015

Authors

  • Guillermo Rodrí­guez Iniesta

Keywords:

Domestic partner, marriage, divorce, cohabitation

Abstract

Coexistence as a condition of access to survivor benefits from Social Security System (widows, orphans and relatives) is a requirement that since the entry into force of the system had been demanding for them. From 1981, when introduced into Spain the possibility of dissolving the marriage by divorce happen to be understood as only a minor element in widow's pensions, as an element to be used in case of concurrent beneficiaries. However from recent reforms has again become relevant, especially for widows' pensions, retrieving his character entry requirement for marriage and de facto unions, as well as a factor to be taken into account in the allocation and distribution of pension. An important and controversial aspect is the treatment to be given to the coexistence when after a marital crisis resumed living together without formalizing marriage / domestic partnership or communicate "if separation" to court it.

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Published

2016-05-25

Issue

Section

Estudios de Doctrina Judicial

How to Cite

Access to widowhood pension cohabiting couples who had previously been marriage and divorce resumes after living together. Procreation and indeed are not cumulative. A purpose of the Supreme Court ruling of July 20, 2015. (2016). Revista De Derecho De La Seguridad Social, Laborum. https://revista.laborum.es/index.php/revsegsoc/article/view/196

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