Administrative court in Trier refuses maintenance allowance for widow
If a couple is married for more than one year, there can still be a so-called marriage of convenience, so that if a partner dies, no widow's pension can be claimed. The state of health of the partner at the time of the marriage and a large age difference may indicate that the marriage was primarily due to the care of the other partner, the administrative court of Trier ruled in a judgment announced on Wednesday, July 20, 2016 (file number: 1 K 940 / 16.TR).
In this specific case, a former professor at the age of 83 married his wife, who was 30 years younger. At the time of the wedding, the professor was suffering from several potentially life-threatening illnesses. When he died after one and a half years, the widow applied to the state of Rhineland-Palatinate for maintenance payments for widows, here around 1,200 euros per month.
The country refused to do so because there was a marriage of convenience.
In its judgment of July 5, 2016, the administrative court pointed out that according to the law, a marriage of convenience should be assumed if a partner dies within a year of the wedding. But even after this one-year period, a marriage can still be determined. The decisive factor here is the state of health of the deceased at the time of his marriage.
Apparently there was a life-threatening illness here. It can be assumed that the marriage was only done so that the woman can claim survivor benefits after the husband's death.
Regardless of this, the large age difference between the couple and the old age of the deceased should also be taken into account. In the specific case, it was therefore unreasonable to expect the employer to “take care of the spouse for decades to come. fle / mwo