Unmarried Couples Living Together and Survivor's Benefits

Abstract

The Bill on Social Security Measures -pending in Senate in October 2007- grants survivors of unmarried couples living together a pension. Denial of survivor's benefits to unmarried couples has been controversial during the last two decades. According to the Spanish Constitutional Court, recognition of survivor's benefits to widows but not to the surviving members of unmarried couples living together does not infringe on the right to equality before the law. Projected regulation is a landmark on family law policies within the Spanish and Catalan legal framework. Nevertheless, eligibility requirements are harsh, in particular, when compared to those in force for married couples. This article reviews and comments the personal, economic and accreditation requirements and draws the conclusion that a very limited number of survivors of unmarried couples would benefit from the projected developments. In addition, the Bill ignores the autonomic regulation on unmarried couples living together, in particular, Catalan regulation, which has specific and distinguishing features in this field.

Keywords: Family Law, Unmarried Couples, Discrimination, Social Security, Catalan Law