🕊️ Widow's pension, widower's pension and pension splitting on divorce
In brief
If your spouse or registered partner dies, you may be able to get a widow's or widower's pension. You must apply for it.
The large pension is, under the new law, 55 percent of the deceased's pension, in old cases 60 percent (§ 255 SGB VI). You get it if you are raising a child, have completed age 46 and 6 months (for a death in 2026; the limit rises to 47 by 2029, § 242a Abs. 5 SGB VI) or have reduced earning capacity. The small pension is 25 percent and lasts at most 24 months; in old cases (§ 242a Abs. 1 SGB VI) the limit of 24 months does not apply.
In the first three calendar months after the death, the full pension of the deceased is paid (death quarter, Sterbevierteljahr).
Your own income may be offset if it is above an allowance. In a divorce, pension splitting (Versorgungsausgleich) divides the pension shares earned during the marriage equally.
Step by step
- Have the death certificate readyCollect documents on the marriage and on the deceased's pension.
- Apply to the Deutsche RentenversicherungAs soon as possible so that nothing is lost.
- State your own incomeIt can reduce the survivors' pension (§ 97 SGB VI).
- Check the noticeObjection within one month (§ 84 SGG).
Deadlines
- As a rule a marriage of at least one year is required, exceptions possible. Remarriage ends the entitlement unless the new marriage is dissolved (§ 46 SGB VI).
- Age limit for the large widow's pension: 46 years and 6 months for a death in 2026; it rises to 47 by 2029 (§ 242a Abs. 5 SGB VI).
- The allowance per child (5.6 times the pension value, calculated €238.11) follows from § 97 SGB VI, own calculation.
- Tax: survivors' pensions are taxable like other pensions (DRV announcement); check individual cases.
In depth · legal basis, figures and practice – for advisers and professionals
Widow's pension, § 46 SGB VI
Small widow's pension: widows or widowers who have not remarried, after the death of the insured spouse (if that spouse met the general qualifying period), for at most 24 calendar months after the death; the limit does not apply in old cases (§ 242a Abs. 1 SGB VI: death or marriage before 2002 with a spouse born before 2 January 1962). Large widow's pension: raising a child (child under 18 or disabled), completion of the 47th year of age (for a death in 2026: 46 years and 6 months; increase by 2029, § 242a Abs. 5 SGB VI) or reduced earning capacity. At least one year of marriage, exceptions possible; registered civil partnerships are treated equally.
Amount of pension, § 67 SGB VI
Pension type factor for the small widow's pension 1.0 in the first three calendar months, afterwards 0.25; large widow's pension 1.0, afterwards 0.55 (under the new law) or 0.6 in old cases (§ 255 SGB VI); half-orphans 10 %, full orphans 20 %.
Income offsetting, § 97 SGB VI
Income up to 26.4 times the current pension value, increased by 5.6 times for each child, is not offset. Of the income above that, 40 percent is offset. With a current pension value of 42.52 euros this gives a calculated 1,122.53 euros (own calculation; secondary source gives the same value).
Pension splitting on divorce, § 1 VersAusglG
In pension splitting, the shares of entitlements acquired during the marriage must each be divided in half between the divorced spouses. Further rules (exclusion, short marriage) not checked against the full text.
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