Versorgungssehe also possible after more than one year of marriage
If a couple is married for more than a year, there may nevertheless be a so-called care marriage, so that no widow's pension can be claimed in the event of the death of a partner. The state of health of the partner at the time of the marriage and a large difference in age may indicate that the marriage was primarily closed due to the care of the other partner, the Administrative Court of Trier ruled in a ruling announced on Wednesday, July 20, 2016 (Ref .: 1 K 940 / 16.TR). Care after one year. Picture: sebra - fotolia
In this case, a former professor at the age of 83 had married his 30 years younger wife. At the time of the wedding, the professor suffered from several potentially life-threatening illnesses. When he died after one and a half years, the widow applied to the state of Rhineland-Palatinate, the maintenance contribution for widows, here about 1,200 euros per month.
The country refused because there was a care marriage.
In its ruling of 5 July 2016, the Administrative Court pointed out that the law requires a care marriage if a partner dies within one year of the marriage. But even after this one-year period can still be found a Versorgungssehe. Significantly, it depends on the health of the deceased at the time of his marriage.
There was obviously a life-threatening illness here. It can be assumed that only was married so that the woman can claim a survivor after the death of the man.
Irrespective of this, the great age difference of the couple and the high age of the deceased must also be taken into account. In this particular case, the employer would therefore be unreasonable, "presumably for decades to take care of the spouse. fle / mwo