Survivor’s pension: Optimising financial security for survivors
19.04.25
3
Minutes
Katrin Straub
Managing Director at nextsure
The loss of a loved one is both an emotional and often a financial challenge. A survivor’s pension can help secure your financial livelihood. Understand your entitlements and how to claim them.
The topic in brief and concise terms
The survivor’s pension (e.g. widow’s/orphan’s pension) provides financial support for dependants if the insured person has fulfilled the five-year qualifying period and the marriage lasted at least one year.
There is the small widow’s pension (25 percent of the deceased’s pension, usually limited to 24 months) and the large widow’s pension (55 percent or 60 percent under the old law).
Own income above an allowance (currently 1,038.05 euros West) is taken into account at 40% for the widow's pension. [2,2]
Survivors’ pension: The key facts at a glance
Survivors’ pension is a benefit under the statutory pension insurance scheme in Germany. It is intended to ease the financial loss for dependants after the death of an insured person. There are various types, such as widow’s or widower’s pension and orphan’s pension. Entitlement generally exists if the deceased had completed the general qualifying period of five years in the pension insurance scheme. As a rule, the marriage or registered civil partnership must have lasted at least one year; exceptions apply in the event of death caused by an accident. During the so-called death quarter, the first three months after the death, the deceased’s pension is paid in full to the surviving partner, without taking income into account. After that, the amount and duration depend on various factors, such as the survivor’s age and whether children are being raised. This initial overview helps to grasp the complexity of the topic before we delve deeper into the details.
Understand the eligibility requirements for the survivor's pension precisely
To receive a survivor's pension, certain conditions must be met. A key requirement is that the deceased spouse or life partner had completed the general qualifying period of five years of contributions in the statutory pension insurance scheme. This qualifying period may be waived if death occurred, for example, as a result of an industrial accident or if the deceased was already receiving a pension. In addition, the marriage or registered civil partnership must have existed at the time of death and for at least one year – the so-called “marriage of convenience” clause is intended to prevent abuse. An exception to this one-year period applies if special circumstances suggest that there was no purely provision-driven intent, such as a sudden accidental death. It is also important that the surviving partner has not remarried. Orphan's pensions are subject to separate, age-related conditions, which often extend until completion of initial vocational training, but at the latest until the age of twenty-seven. Knowledge of these basics is essential for correctly assessing your own situation, which brings us to the calculation of the pension amount.
Calculation of survivors' pension: Distinguishing between the small and large widow's/widower's pension
The amount of the widow's or widower's pension is not fixed; it depends on several factors. First, a distinction is made between the small and the large widow's/widower's pension. The small widow's/widower's pension amounts to 25 per cent of the pension the deceased would have received or was already drawing. It is usually paid for a maximum of 24 calendar months if the surviving spouse is under 47, has no reduced earning capacity and is not raising a child. An exception to the time limit applies to marriages concluded before 2002 and in which one partner was born before 2 January 1962. The large widow's/widower's pension amounts to 55 per cent (or 60 per cent under the old law) of the deceased's pension. Entitlement exists if the surviving spouse is at least 47 years old (the age limit rises gradually), has reduced earning capacity or is raising a minor or disabled child. The average widow's pension paid out was around 529 euros per month, with women receiving an average of 541 euros and men 413 euros. Please note that health and long-term care insurance contributions, as well as any taxes, still need to be deducted from these amounts. An example makes this clear: if the deceased had a pension entitlement of 1,800 euros, the small widow's pension would be 450 euros. With the large widow's pension (55 per cent), it would be 990 euros. These calculations form the basis, but your own income can affect the actual payment.
Understanding income offsetting and calculating it correctly
The surviving spouse's own income can be offset against the widow's or widower's pension, which reduces the amount paid out. However, this does not happen from the first euro; there is an allowance. Since 1 July 2024, this allowance has been 1,038.05 euros per month (West). [2] For each child entitled to an orphan's pension, this allowance increases by 220.19 euros. [4] Only income exceeding this allowance is counted at 40 per cent. [2] Earned income, investment income and your own pension entitlements are taken into account. [6] An example from the German Pension Insurance illustrates the calculation: Petra T. receives a widow's pension of 400 euros and has gross income of 1,900 euros. After a flat-rate deduction of 40 per cent for social contributions, this gives net earnings of 1,140 euros. This exceeds the allowance of 1,038.05 euros by 101.95 euros. Of this, 40 per cent (40.78 euros) is offset against the widow's pension, so 359.22 euros are paid out. [2] It is essential to declare all types of income correctly in order to avoid later repayments. More than 46 per cent of survivor's pensions are reduced because of income offsetting. [4] Comprehensive family protection can help close gaps here. A precise understanding of these rules is important, especially in the context of current legal developments.
Expert knowledge: Use current rulings and relevant sections on the survivor's pension
The law on survivor’s pensions is dynamic and is continually being refined by court rulings. A significant recent ruling by the Federal Social Court (BSG, case no. B 5 R 3/23 R) of 22 February 2024 makes it clear that tax loss carryforwards may no longer be taken into account when assessing income for widows’ pensions. [2ü&,3--] The court argues that only income actually available in the current period counts. [2ü&] This can lead to substantial back payments for those affected, particularly self-employed individuals, as a case involving a fairground showwoman shows, who had to reimburse 12,600 euros. [3--] The key statutory provisions on survivor’s pensions are found in Book Six of the Social Code (SGB VI). Section 46 SGB VI regulates widows’ and widowers’ pensions, and Section 48 SGB VI the orphan’s pension. [4] Income assessment is set out in Section 97 SGB VI. [3] Section 70 SGB VII (statutory accident insurance) limits the total of all survivor’s pensions to 80 per cent of the deceased’s annual earnings. [1] Our expert tip: Have pension notices reviewed where income circumstances are complex or after changes in the law, to avoid financial disadvantages. [2ü&] Advice on pension insurance can provide clarity here. These legal intricacies underline the need for individual assessment and planning.
Important aspects when applying and observing deadlines
The application for a survivor’s pension is not automatic, but must be submitted to the German Pension Insurance scheme. The following documents are generally required:
Death certificate of the spouse or life partner. [6]
Marriage certificate or proof of registered civil partnership. [6]
Last pension adjustment notice of the deceased (if available). [6]
Own pension insurance number and tax identification number. [6]
Details of own income and proof of health and long-term care insurance. [6]
It is advisable to submit the application promptly after the death, ideally within twelve months, as pension benefits are generally paid only from the month of application, although for survivor’s pensions retroactive payment for up to twelve calendar months before the month of application is possible. The German Pension Insurance offers free advisory services. [1] The payout period of a life insurance policy is to be considered separately from this. Careful preparation of the application speeds up the process.
Additional protection: Recognising the limits of the statutory survivor’s pension and taking action
The statutory survivor's pension often provides only basic cover. The average widow's pension of around €529 net is often not enough to maintain the previous standard of living. In particular, the reduced widow's pension, which is limited to twenty-five per cent of the deceased's pension and a maximum of two years, can leave significant gaps in provision. The full widow's pension at fifty-five or sixty per cent of the deceased's pension can also be lower due to income offsetting or pension reductions if the partner dies young. Private provision is therefore essential for many people in order to avoid financial shortfalls in the event of death. Options include, for example, a term life insurance policy or a funeral insurance policy. These can help cover ongoing costs or finance funeral expenses. Protecting children should also be considered. The difference between pension and life insurance is relevant here. Early consideration of one's own arrangements for death and individual advice are recommended. We can help you analyse your individual situation and find suitable solutions.
Design tips and action options for optimised survivor benefits
In addition to the statutory pension and private insurance, there are other aspects to optimizing survivor's benefits. In the event of remarriage, the entitlement to a widow's/widower's pension is lost, but a pension lump-sum settlement can be applied for. [6,1] This is generally twenty-four times the average pension of the last twelve months. [1] Pension splitting between spouses can be an alternative, but leads to the loss of the entitlement to a widow's pension. [6] Our expert tip: Micro-manage and check your pension information and pension statement regularly to have an overview of the expected benefits. The Deutsche Rentenversicherung (German Statutory Pension Insurance) provides information on this. [2] For divorced spouses, an upbringing pension or a divorced widow's pension may be considered under certain conditions. [5] The upbringing pension secures maintenance if you are raising your own child or a child of your divorced partner and meet certain insurance requirements yourself. [5] It is important to actively consider these options. An additional insurance for the survivor's pension can be a useful supplement. These considerations are part of comprehensive pension planning.
More useful links
German Pension Insurance offers general information on pension types and benefits for survivors.
German Pension Insurance answers frequently asked questions about survivors' pensions.
German Pension Insurance provides a brochure on survivors' pensions as help in difficult times.
German Pension Insurance provides information in a press release about the minimum length of marriage for widow's/widower's pensions.
Federal Statistical Office offers information on the gender pension gap in Germany.
Federal Statistical Office publishes press releases that may contain relevant data on pensions or demographics.
German Pension Insurance provides the publication "Pension Insurance in Figures 2024" as a PDF.
Federal Ministry of Labour and Social Affairs offers comprehensive information on survivors' pensions within the statutory pension insurance scheme.
Federal Ministry of Labour and Social Affairs answers frequently asked questions about survivors' pensions.
Wikipedia offers a comprehensive article on survivor benefits and their various forms.
FAQ
What requirements must be met to qualify for a survivor’s pension?
The deceased must have completed the general qualifying period of five years in the pension insurance scheme. The marriage/registered partnership must have existed for at least one year (exceptions are possible). The surviving spouse/partner must not have remarried.
How is the survivor's pension calculated?
The small widow’s pension amounts to twenty-five per cent, the large widow’s pension to fifty-five per cent (or sixty per cent under the previous law) of the deceased person’s pension. Personal income above an exemption allowance is taken into account at forty per cent. [2,4,2]
What is the difference between the small and large widow’s pension?
The small widow’s pension (twenty-five per cent) is usually limited to twenty-four months and is for younger surviving dependants without child-rearing responsibilities or reduced earning capacity. The large widow’s pension (fifty-five/sixty per cent) is for surviving dependants aged forty-seven and over, people with reduced earning capacity or those raising children.
What documents do I need to apply for a survivor's pension?
You will need, among other things, the death certificate, marriage certificate, pension insurance numbers, proof of income and details of health insurance. [6]
What happens to the widow's pension on remarriage?
If you remarry, entitlement to widow’s pension ceases. However, a one-off pension settlement in the amount of twenty-four times the monthly pension can be applied for. [6,1]
Is there a survivor’s pension for divorced people?
Yes, under certain conditions, divorced spouses can also receive a so-called divorced widow’s pension or a child-rearing pension, for example if they are bringing up a joint child and the deceased was liable to provide maintenance. [5]
