Question 12505 — pensions: general

Summary

Ms. Julie Delpech draws the attention of the Minister of Labor and Solidarity to the conditions for granting survivor's pensions to divorced ex-spouses, provided for in Article L. 353-3 of the Social Security Code. In the general system, the survivor's pension constitutes a marital right open not only to the surviving spouse, but also to ex-spouses, regardless of the existence of an effective contribution to the education of children or the family situation following the divorce. This rule can lead, in certain situations, to the fact that a long-divorced ex-spouse, who has not assumed responsibility for the children or contributed significantly to their upkeep, nevertheless retains a right to a survivor's pension. These situations call into question the meaning and fairness of the system, particularly when the deceased parent assumed responsibility alone, for many years, the educational and financial burden of children, sometimes at the cost of significant professional sacrifices. They also raise the question of taking into account the interests of children, who cannot, as the law stands, be direct beneficiaries of their deceased parent's survivor's pension. She therefore wishes to know whether the Government is considering a change in article L. 353-3 of the social security code in order to to better take into account the reality of family situations, particularly when one of the ex-spouses has assumed sole and lasting responsibility for the children, or if specific reflection could be considered on the adaptation of this system to contemporary family configurations.

Machine translation from French. The official text remains authoritative.

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