In France, around 4.4 million people currently receive a survivor’s pension, according to data cited as part of the work of the Retirement Orientation Council (COR). Yet, between 8 and 10% of French people who could qualify for it would never ask for it. A phenomenon which particularly affects divorced ex-spouses, many of whom wrongly think that they automatically lose their rights when their former husband or wife remarries after separation.
However, this lack of knowledge can be very costly when you retire. Because in certain cases, the survivor’s pension can represent several hundred, or even more than 1,500 euros per month. A major financial issue as the current rules could soon evolve. The government and the Pensions Guidance Council are in fact working on a major reform of the system for 2027, with several sensitive avenues: opening to civil partnership couples, harmonization of rates or even modification of resource conditions.
A former spouse can receive a survivor’s pension even after the deceased’s remarriage
The principle remains unknown: when an insured person dies, the survivor’s pension can be distributed between the different spouses and ex-spouses who were married to him. The remarriage of the deceased therefore does not erase the rights of the previous spouses.
The distribution is carried out in proportion to the duration of each marriage. A first wife married for 20 years then a second wife married for 5 years will receive respectively 80% and 20% of the survivor’s pension. “Many divorced people wrongly think that they automatically lose all rights when their ex-spouse starts a new life. Or theDivorce does not necessarily eliminate survivorship rights acquired during the marriage “, recalls Maître Dominique Attias, lawyer specializing in family law.
In fact, if the basic pension of the deceased reached 2,000 euros per month, the survivor’s pension from the general scheme will represent 54%, i.e. 1,080 euros gross monthly to be shared among the beneficiaries. In this specific case, the first wife would receive approximately 864 euros monthly compared to 216 euros for the second.
Very different rules depending on the retirement plans
Not all survivor’s pensions work in the same way. In the general Social Security system, the minimum age is set at 55 years and annual resources must not exceed 25,001.60 euros for a single person in 2026, or 40,002.56 euros for a couple.
The reversion rate is set at 54% of the deceased spouse’s basic pension. The general regime also provides a guaranteed minimum of 331.94 euros per month when the deceased had at least 15 years of contributions. Conversely, the basic survivor’s pension remains capped at 1,059.75 euros per month, even for the highest pensions.
As for Agirc-Arrco supplementary pensions, the rules are changing significantly. The rate generally reaches 60%, without resource conditions, but with a minimum age set at 55 years old except in specific exceptions. In the civil service, the rate is set at 50% of the deceased’s pension.
In certain special regimes or liberal professions, additional conditions may exist, in particular concerning sharing between beneficiaries or the consequences of a remarriage of the surviving spouse.
A major reform of the survivor’s pension is being prepared for 2027
The subject is now at the heart of discussions on pensions. As part of the conclave initiated in 2025-2026, the Pension Orientation Council is working on a structural reform of the system. First project: potentially opening the survivor’s pension to civil partnerships and cohabiting couples. Today, only married couples can claim it in almost all schemes. This development would aim to adapt the system to new family realities. A person who has lived for several decades with their partner without marriage can today find themselves without any right to death.
Another avenue studied: introduce a single survivor’s pension rate for all schemes. Today, rates vary from 54% to 60%, or even more in certain optional schemes.
The COR is also considering harmonizing resource ceilings. Some plans currently have strict income limits, while others do not take resources into account at all. This future reform could therefore create winners but also losers, particularly in historically more favorable regimes.
A pension that can evolve several years after death
Another little-known rule: when one of the beneficiaries dies, their share can sometimes be redistributed to the other surviving ex-spouses. An ex-wife can therefore see her survivor’s pension increase several years after the initial death of her former spouse. “Many people are unaware that their rights may change over time. We must therefore continue to monitor our situation with pension funds”underlines Master Attias.
Survivor’s pension is never paid automatically
This is one of the most common pitfalls. The survivor’s pension must be the subject of an application. Without contacting the pension funds, no payment is made, even if all the conditions are met.
The request can be made:
- via the Info-retraite portal;
- directly from the cash registers;
- or with the help of a specialist advisor.
To compile the file, several documents remain essential:
- marriage certificate;
- divorce judgment;
- career records;
- proof of identity;
- death certificate.
Important point: in the general regime, the retroactivity is limited to 12 months maximum after submission of the application. “Many ex-spouses discover too late that they could have applied for a survivor’s pension several years ago”alerts Maître Dominique Attias.
Sometimes very high amounts
Depending on the retirement level of the deceased and the length of the marriage, the amounts can become substantial. For an overall pension of 3,500 euros per month, the total reversion can approach 1,900 euros. A former spouse married for 25 years out of a total of 30 years of marriage could then receive nearly 1,580 euros monthly. In certain cases, the survivor’s pension thus becomes a real property issue after a divorce.
The most common errors
Many people think they automatically lose their rights:
- because their ex-spouse has remarried;
- because they live today as a couple;
- because the divorce was decades ago.
However, rights often remain open in these situations. A divorced person now living in cohabitation or in a civil partnership generally retains their rights under the general regime and Agirc-Arrco.
On the other hand, the PACS and the cohabitation currently do not give rise to any specific right to a survivor’s pension in the majority of schemes. Only marriage is legally recognized. A rule which could, however, evolve with the reform envisaged for 2027.
