The right to a widow's/widower's pension for unmarried couples

Urgency of a national law and the role of the IA in its application

Abstract

The legal concept of domestic partnerships in Spain allows two people to establish a legally recognised cohabitation, granting rights similar to marriage without the need to formalise the union under this institution. However, its regulation presents significant inequalities, especially in access to the widow's pension, due to the absence of a uniform national regulatory framework. Legislative divergences between Autonomous Communities generate legal fragmentation and territorial inequality in access to fundamental rights.

Each Autonomous Community establishes its own requirements, such as inscriptions in specific registers and periods of cohabitation, which condition access to the widow's pension. Failure to comply with these formalities excludes many couples, especially affecting widows, who, despite living together in an analogous way to marriage, are left in a situation of economic and social vulnerability after the death of their partner.

As a palliative measure, a legislative amendment has been proposed that would allow widows of unmarried couples to access the pension for one year, offering an immediate solution while a state law is being processed to standardise recognition criteria throughout the territory.

Likewise, the implementation of artificial intelligence (AI) tools could facilitate the simplification and harmonisation of administrative procedures, eliminating bureaucratic barriers, preventing fraud and ensuring an equitable allocation of social resources, under an ethical and transparent framework. National legislation complemented by the efficient use of these technologies would guarantee fair and homogeneous social protection.