Reversibility pension after separation and divorce, that's when it's due

Differently from what one might think, the survivor's pension is also due following separation or divorce, although there are very specific rules to be respected.
Over the years, the issue has been repeatedly the subject of rulings by the jurisprudence which have contributed to defining the general rule according to which the reversibility pension – or in any case the indirect pension where the deceased had not reached the requirements for access to the pension but had in any case accrued at least 15 years of contributions – it is up to the spouse or the civil union party, as well as the separated spouse, in any circumstance; divorced spouse provided that he is the holder of the divorce allowance, that he has not remarried, and that the date of commencement of the deceased's insurance relationship is prior to the date of the divorce decree.
These are the requirements that the INPS complies with to evaluate when the reversibility pension is also due to the ex-spouse, both if separated and in the event of divorce, although it is still important to look into them further.
Reversibility pension: when it is due to the separated spouse The separated spouse is always entitled to the reversibility pension.
There is no problem, therefore, when the death of the spouse in receipt of the pension occurs during the period of separation and therefore before the divorce decree.
On this issue, for many years the Court of Cassation held that the survivor's pension was due only to the spouse receiving the maintenance allowance.
But things have changed: currently the survivor's pension is recognized to the separated spouse regardless of whether the separation occurred with or without a charge.
The new orientation was affirmed by INPS circular no.
19/2022: reversing course compared to the past, the right to a reversibility pension has also been recognized for the separated spouse with a charge and without any right to alimony.
A necessary change of pace, as law no.
903/1965 does not include among the requirements the being dependent on the pension holder at the date of death, as the existence of the marital relationship with the deceased pensioner or insured spouse is sufficient.
Which is why the INPS has revised its orientation by equating – as among other things requested by the Supreme Court with sentences no.
2606/2018 and 7464/2019 – separated for various reasons.
Consequently, all those who have had their request for a reversibility pension rejected in the past because they were separated without the right to maintenance allowance will be able to request a review of the application (provided that these have not already become final).
Attention: also in this case the right to the reversibility pension ceases if the separated spouse remarries.
But why is the widow's pension also due to the separated spouse? In ordinance no.
9649 of 2015, the Court of Cassation specified that: "The rationale of social security protection is represented by the intention of protecting the surviving spouse from the eventuality of a state of need, without this state of need becoming (even for the spouse separated due to fault or with debit) concrete prerequisite and condition of the protection itself".
For more information on this, below you can download the text of INPS circular no.
19/2022 containing the information for the recognition of the right to a survivor's pension in favor of a spouse who is separated due to fault or with a charge for the separation with a final sentence without the right to alimony.
How much of the reversibility pension is due to the separated spouse.
The separated surviving spouse is entitled to the reversibility pension in the amount of 60% of the total.
In the case of a spouse, or ex-spouse, with one child the percentage rises to 80%, while in the presence of two or more children it rises to 100%.
However, if the surviving spouse also receives other income, the survivor's pension is reduced as follows: by 25% for income greater than three times the minimum pension; 40% for income exceeding four times the minimum pension; 50% for income exceeding five times the minimum pension.
The cuts, however, apply only if the survivor's pension is also shared with other family members, for example in the presence of children.
read also Reversibility pension, who is entitled to 100% of the amount Reversibility pension: when it is due to the ex-divorced spouse.
The ex-divorced spouse is also entitled to receive the reversibility pension, but only if three conditions are met: he must receive the divorce allowance from the deceased; must not have remarried; the contributory seniority from which the pension treatment originates must be prior to the divorce decree.
This last point deserves further clarification: in order for the divorced spouse to be entitled to the survivor's pension, the deceased must have started working before the divorce decree.
It is not applicable, therefore, if the divorce occurred when the deceased spouse was still unemployed.
How much reversibility pension is due to the former divorced spouse.
The case of the reversibility pension due to the divorced spouse is different, as in this situation the calculation will take into account the relationship between the duration of the marriage – which also includes any period of legal separation – and the period of accrual of the pension by the deceased.
Taking into account the expected distribution percentages, therefore, once this report has been carried out, the judges will define the amount of the reversibility pension due to the divorced spouse.
Ex-divorced spouse, how the reversibility is divided The ex-spouse is entitled to the full reversibility pension only if the deceased had not remarried, even if he had undertaken a single de facto cohabitation.
However, if the ex-spouse had remarried, the reversibility pension is due partly to the divorced ex-spouse and partly to the new surviving spouse.
The distribution of shares is made by the court taking into account the duration of the respective marriages and the income and economic conditions of the survivors.
How to request reversibility The right to a reversibility pension does not arise automatically upon the death of the ex-spouse but must be expressly requested.
In the case of a separated spouse, the application must be submitted electronically to INPS.
The case of divorce is different: to do so, the applicant will have to make a specific appeal to the court, which – once seized with the request – has the task of verifying the existence of the necessary requirements or the causes that exclude the right; if the assessment is positive, the requesting spouse will be granted the right to the widow's pension of the deceased ex-spouse.