Aragon Court Ruling: What Sparked the Dispute
The Supreme Court of the autonomous community of Aragon has once again drawn attention to the procedure for granting survivor’s pensions to citizens living together without official marriage. The case was prompted by a man who, after living with his partner for nearly twenty years, was denied benefits following her death. Despite sharing a home and having two children together, the couple had not formalized their relationship either with a notary or in a special registry.
Legal Requirements: What Is Needed for a Union to Be Recognized
Spanish social security law sets clear requirements for a couple to be officially recognized as a de facto partnership. Living together or having children is not enough. To be eligible for benefits, the relationship must be officially registered. The law allows for two options: registration of the partnership (in a regional or municipal register) or execution of a notarial deed. Both require compliance with timeframes and conditions established by law.
Timeline of Events: Why the Benefit Was Denied
The couple began living together in 2006, bought a home in Huesca a year later, and subsequently had children. The woman passed away in May 2024 after a long illness, during which she was granted total disability. After her death, the man applied for a pension, but it turned out their union had never been officially registered. The lower court upheld the denial, and an appeal to the Supreme Court of Aragón was also unsuccessful. The court dismissed arguments that registration was impossible due to illness, and noted that some documents were submitted after the deadline.
Court’s position: formalization is a mandatory requirement
The panel of judges emphasized that registration or notarial certification of the relationship is not a mere formality, but a necessary condition for the right to a pension. Even with shared children, property, and a long cohabitation, without official documentation, the union is not recognized for social protection purposes. The Constitutional Court previously supported this practice, noting that it provides legal certainty and prevents abuse.
What are the requirements for receiving payments
To qualify for a survivor’s pension in the case of an unregistered partnership, three criteria must be met. First, neither partner should be married to someone else or in another registered partnership. Second, stable cohabitation for at least five years before the death of one partner must be proven (if there are children, official registration is sufficient). This is usually confirmed by a certificate of joint residence. Third, the partnership must be either registered or notarized at least two years before the insured event. Additional requirements may apply in some regions, but the key conditions are determined by national law.
Registration and notarization: what’s the difference
Both forms of partnership recognition are considered equivalent. Registry registration is usually free or involves minimal costs, while notarization provides immediate legal protection and allows partners to formalize financial agreements.
Comparison with marriage and other benefits
In an official marriage, the right to a pension arises automatically if the general conditions are met, without having to prove the duration of cohabitation. For unregistered couples, the requirements are stricter. However, children born in such unions retain the right to a survivor’s pension if the legal requirements are fulfilled.
Conclusion: why it’s important to formalize a relationship in advance
A ruling by the Aragon court emphasizes that only official registration of a relationship guarantees access to social benefits. For couples living together without marriage, timely registration of their partnership is the only way to protect their rights in the event of losing a partner.
