Towards equal treatment in access to the widow's pension for stable partners: some considerations on the concept of unmarried partners and the new features of Law 21/2021 of 28 December on guaranteeing the purchasing power of pensions.

Abstract

The variety of family models is a reality of our inclusive society. In this sense, stable couples have been consolidating over the years, but there are still some open questions to be resolved. One of these is equal access to a widow's or widower's pension, without differences depending on the Autonomous Community in which they live, a difference that Law 21/2021, of 28 December, on guaranteeing the purchasing power of pensions, highlights for the first time. That said, the aim of this paper is to delve into the causes of this discrimination, with the aim of presenting a lege ferenda proposal that will enable a solution to this problem that is also coherent throughout our legal system.