If my partner was previously married but not divorced and has now been with me for more than two years, who would have the right to access my partner's pension in the event of my partner's death?

A requirement for receiving the pension of the deceased is to have lived with the person for the last 5 years, so only if this condition is met before the death, you could be entitled to the pension. In addition, if your partner is still married at the time of death, both persons (spouse and permanent partner) may be entitled to the pension, as long as they are in one of the following situations:

1. Simultaneous cohabitation of the deceased with his or her spouse and one or more permanent partners, in which case the pension will be divided between them in proportion to the time of cohabitation with the deceased.
2. Simultaneous cohabitation of the deceased with two or more permanent partners, which is assimilated to the previous situation, so that the pension will be divided between them in proportion to the time of cohabitation with the deceased.
3. Cohabitation only with a permanent partner, but with a valid marital relationship, whereby the pension will be divided between them in proportion to the time of cohabitation with the deceased, provided that the spouse has lived for five years or more with the deceased at any time, according to Judgment T-002 of 2015 and T-90 of 2016.

In case you need more information, do not find an answer to the situation you are experiencing or have further questions about your case, please write to us at consultasjuridicas@colombiadiversa.org.