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Legal rulings in Spain and Argentina deny benefits following separations
Two separate legal rulings in Spain and Argentina have addressed complex disputes regarding inheritance and social benefits following long-term separations.
In Spain, the High Court of Justice of Madrid rejected a widow's claim for a survivor's pension. The woman sought the benefit by arguing she was a victim of gender violence during her divorce. However, the court ruled that she failed to prove the abuse coincided with the time of her separation. A 2023 social services report noted symptoms compatible with abuse, but the court found this insufficient to establish that the violence occurred at the critical legal juncture required by legislation.
In Argentina, a judge in La Matanza excluded a man from an inheritance claim following the death of his wife. Although the couple remained legally married, they had been separated in fact since 1997. The court determined that the prolonged separation without intent to reconcile resulted in the loss of his hereditary rights, a decision supported by evidence of the wife's attempted divorce and testimony from neighbors.
Entities
Juzgado en lo Civil y Comercial N° 3 de La Matanza · Ministerio de Inclusión, Seguridad Social y Migraciones · Tribunal Superior de Justicia de Madrid