Survivor's pension for spouse, calculation of amount, limits and consequences of divorce

The surviving spouse – husband or wife – is entitled to the reversibility pension, i.e.
a portion of the social security allowance of which the predecessor was entitled.
The option that led to retirement is irrelevant: it applies if the deceased spouse was receiving an old-age pension, as well as if he had taken early retirement.
Instead, in the event that at the time of death the assigning spouse had not acquired the right to a pension, the survivor will instead be entitled to an indirect pension.
This right, however, is only available if the husband or wife who passed away had at least 15 years of paid contributions, or at least 5 years of which at least 3 in the last five years.
Whether we are talking about a reversibility pension, as well as an indirect pension, the survivor is entitled to a part of the pension paid, or accrued, by the predecessor.
The amount is variable: it starts from a percentage of 60% which increases in the presence of children (up to 100% of the pension amount).
Those who receive a reversibility or indirect pension can work, however there are limits within which the income from work is compatible with the social security allowance.
Once passed, the cuts begin.
In this regard, given the subject of discussion of this guide, it is important to clarify what is meant by spouse.
In particular, it is worth underlining that this happens in the event of separation or divorce, i.e.
when the right to the survivor's pension is preserved and when it is not.
We will do so below, analyzing everything there is to know about a spouse's survivor's pension, from the requirements to the limits within which allowance cuts are avoided.
Spouse's reversibility pension When the spouse is entitled to reversibility What happens if the predecessor has remarried? How much reversibility is owed to the spouse What happens in the event of a new marriage? When the spouse is entitled to reversibility First of all, it must be clarified that both the spouse and the civil partner are entitled to the survivor's (or indirect) pension.
Therefore, even a civil union gives the right to a share of the pension in the event of the death of one of the parties.
This right does not expire even following separation: this means that even where there has been a separation sentence before death, the surviving spouse will be entitled to reversibility.
Different speech for the divorced spouse.
In fact, if a divorce decree has been issued, reversibility applies provided that the survivor: is the holder of the divorce allowance; has not moved on to remarriage.
Furthermore, it is essential that the divorce decree, which therefore pronounces the dissolution or termination of the civil effects of the marriage, is not prior to the date of the start of the deceased's insurance relationship.
In short, the first useful contribution for social security purposes must have been paid before the divorce.
What happens if the predecessor has remarried? As just seen, the ex-divorced spouse who has remarried is not entitled to a reversibility pension.
But what happens if the deceased spouse has remarried after the divorce? In this case, the judge will establish the shares due to the surviving spouse and the divorced spouse.
How much reversibility is due to the spouse The share of reversibility – or indirect pension – due to the spouse varies according to the presence of children.
In detail, upon the death of the husband or wife the reversibility pension is recognized as follows: 60% of the amount for the single spouse; 80% of the amount for the spouse and one child; 100% of the amount for the spouse and two or more children.
Therefore, each child, if the spouse is also entitled, is entitled to 20% (less if there are more than two children).
Furthermore, if unable to work, the surviving spouses can apply for widowhood allowance.
Limits within which the reversibility pension can be cumulated with income from work However, despite the presence of the aforementioned conditions, the reversibility pension is always due to the spouse, where the spouse has other income, it risks being reduced.
Let's think for example of the surviving spouse who works, or in any case receives a pension for himself; this will still have the right to reversibility, but to a reduced extent.
In detail, the cuts are not triggered when the beneficiary's income is less than three times the minimum annual payment (7,781.91 euros in 2024) of the employee pension fund, therefore up to 23,345.73 euros.
Exceeding this threshold, however, the following cuts apply: minus 25%, in the case of income between 23,345.73 (three times the minimum salary) and 31,127.64 euros (four times the minimum salary); minus 40% in case of income between 31,127.64 (four times the minimum salary) and 38,909.55 euros (five times the minimum salary); minus 50% for incomes above 38,909.55 euros (five times the minimum payment).
However, the aforementioned cuts do not apply where the beneficiary is part of a family unit with minor children, students or disabled people.
Furthermore, as specified by sentence no.
162 of 30 June 2022 of the Constitutional Court, there is a limit to cuts in the survivor's pension.
In detail, the amount cannot be reduced by a sum that exceeds the total amount of additional income.
Therefore, in the presence of other income, the survivor's pension can only be reduced up to the amount of the income itself.
What happens in case of remarriage? We conclude by clarifying what happens if the surviving spouse, who is not divorced, decides to remarry.
Well, the right to a reversibility pension expires in the event of remarriage.
However, the survivor is first granted a check worth two years of the reversibility pension that would have been due in the absence of remarriage.
This allowance is paid in a single payment.

Author: Hermes A.I.

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