Widow's pension despite separation: Who is really entitled?

Widow's pension despite separation: Who is really entitled?

Financial security for surviving dependents plays an important role in life planning, especially when it comes to widows' or widowers' pensions. This type of survivor's pension protects the surviving spouse if certain requirements are met. According to t-online reports that the entitlement to a survivor's pension exists if the marriage lasted at least one year and the deceased partner fulfilled the required minimum insurance period of five years in the statutory pension insurance.

However, special regulations apply to certain situations. For example, in the event of death due to an accident, there is a claim even if the marriage was shorter or the insurance period was not fulfilled. It is important that there must be a valid marriage or registered civil partnership at the time of death. This must not be divorced or declared void. Even after a divorce, you can still claim a widow's pension, provided the legal requirements are met.

Types of widows' and widowers' pensions

The German pension insurance differentiates between different types of widows' and widowers' pensions. This includes:

• Kleine Witwen-/Witwerrente: Für Personen unter 47 Jahren, die nicht erwerbsgemindert sind und kein Kind erziehen. Diese Rente beträgt 25% der Rente des verstorbenen Partners und wird höchstens zwei Jahre nach dem Tod gezahlt, es sei denn, die Betroffenen fallen unter das „alte Recht“.
• Große Witwen-/Witwerrente: Diese Rente wird ab einem bestimmten Mindestaltersanspruch oder bei Erwerbsminderung bzw. der Erziehung eines Kindes unter 18 Jahren ausgezahlt. Sie beträgt 55% der Rente des verstorbenen Partners, in Fällen des „alten Rechts“ sogar 60%.

The start of the widow's or widower's pension depends on whether the deceased has already received a pension. Payments begin in the month following the month of death or on the date of death, based on whether the pension has already been received. There are also special regulations for the so-called “death quarter”, in which the full pension is paid and your own income is not taken into account.

Support for divorcees and childcare pension

Also interesting is the entitlement to a widow's or widower's pension for divorced partners, which can exist under certain conditions. These include, for example, a divorce before July 1, 1977 and maintenance in the last year before the death of the ex-partner. In addition, divorced partners who are raising a child together may be entitled to a child-care pension calculated from their own pension account, although here too a minimum insurance period of five years is required.

40% of income is credited towards the widow's pension if one's own income is above a set allowance, but not in the quarter of death. Relatives who have lost their parents also have the option of applying for an orphan's pension, which is paid up to the age of 18 and, under certain conditions, even up to the age of 27.

It is important to know that survivors' pensions must be applied for. Advice from the relevant insurance offices can provide valuable information and support.