Lawyer Jeanne VargasDisclosure
Published 01/05/2024 00:00
When my husband left home, we divorced and, at the time, I requested a pension to guarantee my support, but he didn’t accept it. He recently passed away and I discovered that, shortly after our separation, he went to live with someone else. I would like to know if I am entitled to any part of his pension now that he has passed away.
Rogéria Lúcia, São Gonçalo.
According to Jeanne Vargas, a lawyer specializing in Social Security Law, both the ex-wife/partner and the ex-husband/partner can receive a death pension from the INSS in certain circumstances. “This occurs when the deceased already paid alimony after the separation or did not receive alimony after the separation/divorce, but became financially dependent on the other person”, she points out.
The expert emphasizes that, in the case of our reader, if she can prove her financial dependence on her ex-husband, she will be entitled to receive the INSS death pension. On the other hand, if the second wife manages to demonstrate a stable union, the pension will be divided between the two parties, with half the value for each.
Cases resolved by the Reclamar Adianta team (WhatsApp: 21 – 99328-9328 – for messages only): Filipe Coelho (Águas do Rio), Cristina Ramos (SMS/Rio), Luciana de Souza (Claro).
