Widow


A widow is a woman who had been married to, or was the common-law wife of, the deceased, who had lived with him under one roof until his death, and who meets one of the following conditions:

  • She had been married to, or was the common-law wife of, the deceased for at least one year (or six months if she was age 55 or older and the time of his death).
  • She has borne him a child.

A woman who had lived separately from the deceased must also meet one of the following conditions, in addition to the above conditions:

  • The period of separation was less than 36 months.
  • During the last year, or part of the last year of the deceased’s life, they had lived together.
  • During the last year, or part of the last year of the deceased’s life, he actually paid her alimony or was obligated to pay her alimony under a court judgment or a written agreement.
  • Before his death, he received an increment to his old age pension or his disability pension for her.

Common-law spouse, please note:

Under the National Insurance Law, common-law spouses are defined as married for purposes of rights and obligations. Therefore, if you live under the same roof as spouses without being formally married, you must immediately notify the National Insurance Institute of your arrangement. Non-notification may cause you to incur debts that you will be required to repay.

More than one widow

If the deceased left more than one widow behind, the rights of each widow shall be assessed as if she was an only widow.