Madrid Court Denies Widow’s Pension to Abuse Victim Over Lack of Evidence at Time of Divorce
The Madrid High Court of Justice has denied a widow’s pension to a divorcee, ruling that she failed to provide objective evidence of gender-based violence occurring at the time of her marital separation.
A recent ruling by the Madrid High Court of Justice highlights the significant legal hurdles women face when applying for a widow’s pension as victims of gender-based violence following a divorce. The court dismissed the appeal and ordered the plaintiff to pay 1,000 euros in legal costs, emphasizing that there must be a clear, documented link between the abuse and the time of the marital separation.
The case involved a woman from Tenerife who challenged a decision by the Ministry of Inclusion, Social Security and Migration to deny her the pension. While the appellant relied on a 2023 report from the Institute for Social and Socio-sanitary Care (IASS), the court rejected the document. Judges noted that the report was based solely on statements from the woman and her family, failing to provide objective evidence of abuse occurring at the time of her divorce in October 2010—three years before her ex-husband’s death.
Under current law, those seeking this pension must provide strong evidence that they were victims of gender-based violence when they separated. While regulations were relaxed in 2018 to make it easier for victims to qualify, the court maintained that evidence of trauma appearing after a separation is not enough; applicants must prove the abuse was happening at the time of the divorce.
The court specifically noted that while the IASS report mentioned the woman sought counseling in 2010, this was insufficient to prove the necessary causal link. Because there was no objective evidence of violence during the period of the separation, the court ruled that she did not qualify for the pension, effectively ending her claim at this level. The plaintiff still has the option to appeal the decision to the Supreme Court.