Catalonia Court Acknowledges Widow's Pension Rights
The Superior Court of Justice of Catalonia (TSJC) has recently made a landmark ruling, granting the right to a widow's pension to a woman who married in Morocco in 1965. This decision is significant as it challenges the previous stance held by the Institute of Social Security (INSS), which had previously deemed that only marriages registered in Spain's Civil Registry could be considered legal for pension eligibility. The court's ruling recognizes that the legality of a marriage, even if conducted abroad and unregistered in Spain, should not disqualify a surviving spouse from receiving the pension benefits they are entitled to.
This ruling overturns a prior decision made by the Social Court number 28 in Barcelona, which adhered to the INSS's strict interpretation that required registration of marriages in the Civil Registry as the sole proof of a legally recognized union. In its judgment, the TSJC emphasized that the right to a widow's pension is granted to the surviving spouse, irrespective of whether the marriage was registered in Spain. This ruling aligns with the constitutional and supreme court doctrines that uphold the validity of marriages performed abroad, provided that their legality is not contested under the laws of the country where they were solemnized.
The court highlighted that the lack of registration should not impede the enjoyment of widow's pension rights. It affirmed that individuals, whether Spanish nationals or foreigners, who entered into marriage outside of Spain should not be deprived of their legal entitlements due to registration issues. This new interpretation is expected to pave the way for many unregistered spouses to claim their rightful benefits, setting a precedent for future cases involving international marriages.
As reported by 20minutos.es.
