One of the advantages of getting married is that when the partner dies, you are not completely out of money financially. After all, there is a survivor’s pension. But how much actually? And for how long?
For young widows and widowers, there is often only a small survivor’s pension.
The couple have been together for years, even making marriage plans, but somehow the time is never right for the wedding. Only when the woman falls ill with cancer do the two step in front of the altar. The partner is dead seven months later. The widower is suing for a survivor’s pension. In vain, the Hessian State Social Court decides. Because strict rules have been in place since 2002. With a few exceptions, there is only a widow’s pension if the couple had been married for at least one year. Otherwise the pension insurance assumes a marriage of convenience and does not pay. The man would not have the full pension anyway to get – At the age of 40 he was too young for that. What are widowers and widows entitled to today??
As is so often the case, it depends. Firstly, whether old or new law applies. And others, whether you get the big or the small widow’s pension. The fact that things are so complicated is because there was a change in the law in 2002. Since then, both systems have existed in parallel. The old law applies if the partner died before 2002. Also for all marriages that were made before 2002 if the deceased partner was born in 1961 or older. For all others, the new rules apply, which are less generous in some points.
Who is young has not taken care of
Regardless of whether the law is old or new: payments to surviving dependents are based on the deceased’s pension entitlement. The prerequisite is that he has paid into the pension insurance for at least five years.
The small widow’s pension gives you 25 percent of the partner’s pension. In most cases this should be enough to live on, but the legislature assumes that you can take care of yourself in younger years. Therefore, the pension is limited to 24 months under the new law. According to old law, it flows for life. For the surviving dependents who have brought up a child up to the age of three, there is a child supplement of around 12 to 27 euros under the new regulation.
There is no time limit for the large widow’s pension. Survivors who are at least 45 years and 5 months old at the time of death are entitled. The age limit will shift to 47 by 2029. Younger people also receive the large widow’s pension as long as they raise a child under the age of 18. According to old law, there is 60 percent of the deceased’s pension and 55 percent new. For this, child surcharges between 27 and 58 euros also flow here.
Income is taken into account
The purpose of the survivor’s pension is to protect relatives. Of course, this does not have to be the case, even if they were not previously dependent on the deceased’s income. The single-earning husband, for example, does not need a survivor’s pension after the death of his wife. Your own income is therefore taken into account, which can lead to payments being lower or even being canceled entirely. The determination based on various allowances and the so-called "arithmetical" Net income is complicated. Lives the higher earning partner longer, it is quite possible that he will go away empty-handed.
An example: The husband has gross income of 2500 euros, the woman has not worked for a long time and only a pension entitlement of 500 euros. If there are no underage children, the widower receives no survivor’s pension at all, with one child he is only entitled to 34 euros. If, on the other hand, the deceased woman was entitled to a pension of 800 euros, the widower is paid 136 euros even without children. Various computers can be found on the network with which the claims can be determined.
The money is gone when remarried
The first time after the partner’s death is not only particularly stressful mentally, but often also financially. In order to cushion this hardship somewhat, there is special support in the so-called quarter of death. The pension insurance then pays the deceased’s pension entitlements in full for three months, regardless of their own income.
No matter whether large or small pension, old or new law: survivor’s pension only flows if the marriage or the registered civil partnership existed until the time of death. If the ex dies after a divorce, there is no widow’s pension. On the other hand, it is irrelevant whether you lived together until death. If you find a new partner at some point, you should carefully consider whether to marry again. Because then the pension is over. This also applies if you are married abroad under local law, as the Berlin Social Court has just made clear (S 105 R 6718/14). Remarriage is not that unattractive either, after all you get a severance payment of two years’ pension.
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