Survivor's pension · SPD Advocacia
Survivor's pension: who is entitled and how to apply without losing money
Spouse, stable union partner, children and, in some cases, parents and siblings. See the rules and the deadline that secures payment from the date of death, and tell us about the case.
Straight answer
Who is entitled to the INSS survivor's pension?
Those entitled are the dependents of the deceased insured person: spouse or partner, including in a stable union, children under 21 or with a disability or invalidity and, if there are none, the parents and then the siblings who depended on them. The amount is 50% of the retirement benefit the deceased received or would have been entitled to, plus 10% per dependent, up to 100%. If requested within 90 days of the death, the pension is paid from the date of death. For children under 16, the deadline is 180 days.
Requirements
What is required in 2026
Spouse, partner, children under 21 or with a disability; then parents; then siblings.
50% plus 10% per dependent, up to 100%. With a disabled dependent, 100%.
Apply within 90 days of the death (180 days for children under 16) to receive from the date of death.
It depends on the age of the widow or widower and on the length of the marriage or union.
Source: Law 8,213/1991, arts. 16, 74 to 77; Constitutional Amendment 103/2019, art. 23.
What is your case?
Situations the firm handles
Unmarried partner
A stable union can be proven with documents such as a joint account, a shared address and children.
Law 8,213/1991, art. 16Insured status
Even without recent contributions, there may be a right if the deceased was already entitled to retirement or was within the grace period.
Case reviewThose who received support payments
A former spouse who was receiving support may share the pension.
Law 8,213/1991, art. 76Support with no age limit
A disabled child may receive it after age 21.
Law 8,213/1991, art. 16Child who supported the parents
Parents can receive it if they prove financial dependence.
Case reviewAppeal or lawsuit
Denials for lack of proof of the union or of dependency can be reviewed.
Federal CourtsStep by step
How the firm works
- Review. We review the CNIS, the documents and the rules that apply to your case.
- Documents. We organize the missing evidence before the request, to avoid a denial.
- Request or appeal. Application to the INSS, administrative appeal or lawsuit in the Federal Court.
- Follow-up. Medical exams, deadlines and payment of back pay, when applicable.
Case review
Let's review your case
Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Is the survivor's pension for life?
For the spouse or partner, it depends on their age on the date of death and how long the union lasted. In some cases it is for life; in others, it has a time limit.
Can I receive both a survivor's pension and a retirement pension?
Yes, but one of the benefits is reduced according to value brackets defined in the reform.
How long must the union last?
With less than 2 years of union or fewer than 18 contributions by the deceased, the pension to the spouse lasts 4 months, with exceptions such as death by accident.
I missed the 90-day deadline. Have I lost the right?
No. The pension is still owed, but it is paid from the date of the claim.
Do you serve clients outside Anápolis?
Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.