Can I still receive a widow's or widower's pension after divorce if my former partner dies?

Though it may sound surprising, this can happen. When your former partner dies, you may be entitled to a widow's or widower's pension.

 

Entitlement distinguishes widows and widowers. As a divorced widow, you qualify if one of the following applies: 

- You and your former husband or wife were married for more than 10 years were married and have a child together and it does not matter whether the child is already an adult.

- You were over 45 at divorce years old and your marriage lasted at least 10 years.

- You were over 45 years old years old when your youngest child's 18th birthday which means your youngest child must have been born after your 27th birthday.

- You have a minor child when widowed and your marriage lasted less than 10 years. Entitlement ends when your youngest reaches 18.

 

As a widower after divorce, you are entitled to a widower's pension if you have dependent minor children. It ends when the minor child reaches 18.

The pension amount considers credited contribution years, the deceased's average earnings and any child-raising and care credits. The minimum is 956 CHF and maximum 1'912 CHF.

Whether widow or widower, remarriage definitively ends entitlement. On retirement, only the survivor's pension or AHV/IV pension is paid, whichever is higher.

 

In short: Even divorced former partners may qualify for a survivor's pension when their former spouse dies. Conditions differ for widows and widowers but generally concern minor children, marriage duration or age.

#FamilyLaw#Divorce#Pensions#SwissLaw
Written by Samuel Müller
Back to blog