The Government has expanded access to pensions widowhood for de facto couples with children in common who were never registered in an official registry. The new regulations require accreditation two years of coexistence before death and opens a period of twelve months to request the benefit for previous deaths. Furthermore, it raises the pensions extraordinary penalties for terrorism up to a minimum of €2,442 per month.
The change is recorded in the Royal Decree-Law 31/2026, of October 20which came into force on October 21 and has yet to undergo parliamentary validation. The rule is part of a package of social measures approved by the Council of Ministers before the general elections and also affects sick leave and benefits for the care of minors with serious illnesses.
Widow’s pensions for common-law couples with children in common
The main novelty is that de facto couples with children in common no longer need to prove their registration in an official registry to access the widow’s pension. The Government thus eliminates one of the formal requirements that until now prevented collecting this benefit from people who had lived together for years without registering their relationship.
Yes indeed, Having children together does not automatically guarantee access to the benefit. The new regulation requires demonstrating a stable and notable coexistence for at least two uninterrupted years immediately prior to death. This circumstance must be accredited by means of the corresponding registration certificate.
For common-law couples without common children, the general conditions are maintained, including proving five years of cohabitation and having formalized the relationship through registration or public document at least two years prior to death. In all cases, the other established requirements must be met to access the pensions of widowhood.
Review of pensions denied during a period of twelve months
Another novelty affects people who lost their partner before the decree came into force and could not access the widow’s pension. The standard establishes a extraordinary period of twelve months to apply if they now meet the new conditions.
The period began on October 21, 2026so interested parties have one year from that date to request recognition. This possibility can benefit those who previously received an unfavorable resolution for not having formalized their relationship, as long as they can demonstrate the requirements of coexistence and the rest of the legal conditions.
The application must be processed before the Social securitywhich will check each file. There is one especially important detail: the pensions recognized through this procedure will have economic effects from the first day of the month following the month of the requestnot from the original date of death.
Therefore, those who believe they are in this situation must review their documentation and submit the application within the established period, since the regulations do not contemplate an automatic extension of those twelve months.
Extraordinary pensions for terrorism reach €2,442 per month
The same decree introduces an economic improvement for victims of terrorism. The pensions Extraordinary benefits recognized by Social Security will have a minimum amount equivalent to the double the monthly interprofessional minimum wagewhich means €2,442 per month with the SMI in force in 2026.
The new amount, applicable from November 1, 2026represents an approximate increase of the 36% compared to the previous minimum of €1,800 per month. The amount will be updated as the minimum wage evolves and, when there are several pensions for death and survival derived from the same terrorist act, will be computed together.
The reform also incorporates new special situations of temporary disability for women with limiting pathologies associated with menopausal disorders and for victims of gender violence who suffer injuries related to that violence. These measures will begin to be applied on December 1, 2026.
In both cases, the benefit will follow the amounts of temporary disability due to common contingencies: 60% of the regulatory base until the 20th and the 75% from the 21st. The company will assume the full salary for the first day of sick leave and the benefit will be paid from the following day by the corresponding managing or collaborating entity.
The package also includes improvements in the CUME benefit, intended for the care of minors with cancer or other serious illnesses. Among them stands out the possibility that both parents can perceive it alternatively or simultaneouslyas well as its maintenance beyond the age of 26 in certain cases of disability or dependency, provided that the required conditions are met.
The pension decree pending parliamentary validation
Although he Royal Decree-Law 31/2026 It came into force after its official publication, its continuity depends on the Permanent Deputation of Congress validating it. This body assumes the function of ruling on the decree-laws while the Cortes Generales remain dissolved.
The Constitution establishes a period of 30 days for validation or repeal of this type of rules. If the Permanent Deputation validates it, the decree will remain in force. On the other hand, if it is rejected, it will be repealed, which would affect the continuity of the modifications introduced.
For now, the new conditions of access to the pensions widowhood are in force and allow applications to be submitted in accordance with the established requirements. However, those who plan to take advantage of the extraordinary twelve-month period should pay attention to the parliamentary decision, since it will determine the future of this reform.
