In this article we analyze the important Judgment issued by the Plenary of the Social Chamber of the Supreme Court on September 26th of 2017.
First of all, let’s have a look at the requirements that are required for the recognition of the survivor’s pension in cases of separation and divorce, a matter that is regulated in art. 220.1 of the General Law of Social Security:
1º. – In the cases of separation or divorce, the right to the survivor’s pension will correspond to those who, concurring with the contribution requirements, have been their spouse, if they had not remarried or constituted a de facto couple under the terms referred to in article 221.
2º.- Likewise, divorced or judicially separated persons shall be required to be entitled to the compensatory pension referred to in article 97 of the Civil Code and this compensatory pension shall be extinguished upon the death of the deceased.
3º.- In any case, and this is where the Judgment that we analyze affects, the widow’s pension will be entitled to women who, even though they are not entitled to a compensatory pension, could prove that they were victims of gender violence at the time of the judicial separation or divorce. Next, he establishes the possible means to prove his condition as victims of gender violence.