According to El Español - Alicante, Real Decreto-ley 31/2026 of 20 October has changed the requirements for the pensión de viudedad (widow's or widower's pension) paid through Social Security (Seguridad Social). Where a couple has children in common, registering as a pareja de hecho (registered partnership) is no longer needed for this pension.
Under the old rules, as a general rule, a claimant had to show that the couple were registered as a pareja de hecho, or had formalised their union in a public document, at least two years before one partner died. They also had to show five years of living together. For couples with children in common, what is now required is stable and clear cohabitation for at least two years in a row immediately before the death. This is proved with a padrón (town hall residents' register) certificate. Alicante notary María Cristina Clemente Buendía says one child in common is enough, whether an adult or a minor.
The change also applies to state employees covered by the civil servants' scheme (Régimen de Clases Pasivas del Estado). It covers deaths that happened before the decree came into force too. A widow or widower who could not get the pension under the old rules can seek recognition of it, provided they meet the new conditions. Applications for such earlier deaths must be filed within 12 months of the decree coming into force, with no extension. The same period applies to reinstating pensions that were previously suspended or refused.
The notary says people who were turned down because their relationship was not formalised can reapply from 21 October. Applications can be made through the Social Security online office (sede electrónica) or in person at any of its information and service centres (centros de atención e información). The right to a widow's pension has no limitation period, so the time since the death does not prevent a claim. That does not mean all the missed monthly payments can be recovered. A pension that is granted takes effect from the first day of the month after the application is filed.
The notary says the decree still has to be approved by parliament (convalidación), but it is in force now and has full effect.
The source does not give the exact date the 12-month period ends, the official date the decree came into force (21 October is the notary's date) or the amount of the pension. It rests on one outlet and a notary's comments, and we have not seen confirmation from Social Security.
