Survivor's pension in Luxembourg: spouse, partner, orphans
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This is for you if
Your spouse or partner has died and they worked or drew a pension in Luxembourg.
You want to know what your family would receive if you died.
You live in an unmarried cohabitation and wonder whether your couple is protected.
You are divorced and your ex-spouse has just died.
the deceased was a civil servant of the State, a municipality or the CFL: their special scheme has its own rules.
Who can receive a survivor's pension?
The CNAP lists the possible beneficiaries: the surviving spouse, the surviving partner, the divorced spouse, the former partner, orphans, and certain relatives and in-laws (CNAP (ouvre dans un nouvel onglet)). Man or woman, it makes no difference: the right is the same.
Partner, yes; unmarried cohabitation, no. Only declared partnerships count, in Luxembourg or abroad, if the foreign partnership has the same legal effects as the Luxembourg partnership (CNAP (ouvre dans un nouvel onglet)). If you live together without being married or in a civil partnership, the survivor gets no survivor's pension. The differences between the three statuses are in our guide marriage, civil partnership or cohabitation.
One condition on the deceased's side. If they were already receiving an old-age or invalidity pension, no contribution period is required. If they were still working, they must have paid contributions for at least 12 months during the 3 years before their death. This condition does not apply if the death was caused by an accident or a recognised occupational disease that occurred while they were insured (CNAP (ouvre dans un nouvel onglet)).
Spouse or partner: the conditions
As a general rule, two conditions (CNAP (ouvre dans un nouvel onglet)):
- the marriage or partnership lasted at least 1 year, before the death, or before the deceased went on an invalidity or old-age pension;
- the deceased was not already receiving an invalidity or old-age pension at the time of the marriage or partnership.
If these conditions are not met, the right still opens in any of these cases:
- the death, or the invalidity, is the direct result of an accident that occurred after the marriage or partnership;
- a child was born or conceived during the marriage or partnership;
- if the deceased was already receiving their pension at the time of the marriage or partnership: the union lasted at least 1 year and the deceased was no more than 15 years older than you, or the union lasted at least 10 years if they were more than 15 years older.
Divorced? You may be entitled to a survivor's pension, under the same conditions, if you have not remarried. It is calculated on the part of the deceased's career that matches the length of your marriage, and shared with the surviving spouse if there is one (CNAP (ouvre dans un nouvel onglet)).
Other relatives. With no surviving spouse or partner, relatives (children, grandchildren, parents, brothers and sisters, parents-in-law, son-in-law or daughter-in-law, adopted minor child) may be entitled to it, but the conditions are strict: not being married or in a civil partnership, being over 40, having lived with the deceased and kept their household during the 5 years before their death, and having been mainly supported by them (CNAP (ouvre dans un nouvel onglet)).
How much is the survivor's pension?
It starts from the pension the deceased was receiving, or would have received in case of invalidity (CNAP (ouvre dans un nouvel onglet)). "Reversion factors" are applied to it:
| Part of the deceased's pension | Spouse's or partner's pension | Orphan's pension |
|---|---|---|
| Part linked to the insurance period (flat-rate increases) | 100% | 1/3 |
| Part linked to salaries (proportional increases) | 75% | 1/4 |
Source: CNAP, calculating the survivor's pension (ouvre dans un nouvel onglet). If the deceased was entitled to the minimum pension, the spouse's survivor's pension is topped up to the amount of that minimum pension.
The first 3 months. If the deceased was a pensioner, survivors who lived with them or were their dependants receive the equivalent of their full pension for 3 months: this is the "grace quarter" (trimestre de faveur). If they were still an employee, you can ask their employer to keep paying their salary until the end of the month of death and to pay an allowance of 3 months' salary (Guichet.lu (ouvre dans un nouvel onglet)).
The key takeaway. After these 3 months, the household lives on part of the deceased's pension, not all of it, and often on less than their salary if they were still working. For your own household, the real question is: how much would your loved ones' income drop if you died? For a figure suited to your situation, the simplest is to talk it through with an advisor.
An advisor from the agency will call you back.What can reduce your survivor's pension
Your own income. If you work, receive a replacement income (unemployment, sickness) or your own pension, the survivor's pension goes down when the total exceeds a threshold set by law. This threshold rises for each child (giving entitlement to baby years or the education allowance, or receiving an orphan's pension). On earned income, a portion is first set aside (the "exempt amount"); on a personal pension, it is not. If your survivor's pension alone already exceeds the threshold, the reduction is 30% of your income; otherwise, it is 30% of the part above the threshold (CNAP (ouvre dans un nouvel onglet)).
These thresholds follow the index: the up-to-date amounts are on the CNAP calculation page (ouvre dans un nouvel onglet). The CNAP does not provide advance estimates of the survivor's pension: the exact amount is only known with its decision, after you apply (Guichet.lu (ouvre dans un nouvel onglet)).
Several survivors. All the survivor's pensions together cannot exceed the deceased's pension, or, if more favourable, the average of their 5 best annual salaries. Above that, they are reduced proportionally (CNAP (ouvre dans un nouvel onglet)).
Remarriage. The survivor's pension stops the month after a new marriage or partnership. It is then bought out as a lump sum: 5 times the amount of the last 12 months if you remarry before 50, 3 times after 50. If this new union ends, your right may be restored, after 5 or 3 years depending on the case (CNAP (ouvre dans un nouvel onglet)).
Cross-border workers: Luxembourg, France, Belgium, Germany compared
If your spouse worked in several countries, each one pays you its own survivor's pension, proportional to how long the deceased was insured there, if its conditions are met (Guichet.lu (ouvre dans un nouvel onglet)). The rules vary a lot from one country to another:
| Who qualifies | Minimum age of the survivor | Share of the deceased's pension | Means test and combining | |
|---|---|---|---|---|
| Luxembourg (CNAP) | Spouse or declared partner, union of at least 1 year in principle. Not undeclared cohabitation | None in the CNAP conditions | 100% of the part linked to the insurance period, 75% of the part linked to salaries | No ceiling to open it; if pension and personal income exceed a threshold (1.5 times the reference amount, indexed: see the CNAP), the pension drops by 30% of the excess (or by 30% of your income if the pension alone already exceeds the threshold), never by 30% of its amount |
| France (Assurance retraite, basic scheme) | Married spouse or ex-spouse. Neither PACS nor cohabitation | 55 | 54% of the deceased's basic pension | Resources below an annual ceiling; above it, the pension is reduced. Earned income counted at 70% |
| Belgium (SFP, employees) | Spouse married for at least 1 year, or equivalent situation (for example legal cohabitation just before the marriage) | 51 for a death in 2026 (55 in 2030). Younger: transition allowance | 80% of the retirement pension at the household rate, if the deceased was a pensioner | Combining is capped: earned income below a ceiling, replacement income for 12 months at most, your own retirement pension up to 110% of the survivor's pension for a full career |
| Germany (DRV) | Spouse or registered partner, union of at least 1 year in principle | Large pension: 46 years and 6 months for a death in 2026 (47 from 2029), or earlier with a child under 18. Otherwise small pension | Large pension: 55% (60% under the old law). Small pension: 25%, for 2 years at most | Your income counts at 40% above an allowance |
Sources: CNAP, conditions (ouvre dans un nouvel onglet) and calculation (ouvre dans un nouvel onglet); Service-public.fr, reversion pension (ouvre dans un nouvel onglet); SFP, survivor's pension (ouvre dans un nouvel onglet), calculation (ouvre dans un nouvel onglet) and combining (ouvre dans un nouvel onglet); Deutsche Rentenversicherung, Hinterbliebenenrente (ouvre dans un nouvel onglet).
In a French PACS? For the Luxembourg pension, a partnership concluded abroad counts if it has the same legal effects as the Luxembourg partnership (CNAP (ouvre dans un nouvel onglet)): ask the CNAP, with your certificate in hand. For the French part, a PACS does not open a reversion pension (Service-public.fr (ouvre dans un nouvel onglet)).
The orphan's pension
Each of the deceased's children is entitled to it, under the same contribution conditions as for the spouse. Adopted children are entitled to it too, with no other condition. A child who was not the deceased's own is entitled to it if they have lost both father and mother, if the deceased had provided for their upkeep and education for at least 10 months, and if they receive no orphan's pension from their own parents (Guichet.lu (ouvre dans un nouvel onglet)).
- It is paid up to age 18, and up to age 27 if the child is in education or vocational training.
- For a child who has lost both father and mother, the amount is doubled (CNAP (ouvre dans un nouvel onglet)).
- After 18, the CNAP sends a form at the end of every August, to be returned with a school certificate or the apprenticeship contract by 10 October at the latest. Without a reply, payment is suspended (CNAP, certificates (ouvre dans un nouvel onglet)).
Your to-do, in 4 steps
Practical guide · trigger.lu
Survivor's pension in Luxembourg: spouse, partner, orphans
- Death certificate
- an extract
- Union
- marriage or partnership certificate
- Children aged 18 to 27
- certificate of studies
- Bank
- bank details (RIB)
Details
Ask for a full copy of the marriage certificate (or of the partnership declaration) issued after the death. These documents are issued free of charge (CNAP (ouvre dans un nouvel onglet)).
- Form
- application for a survivor's pension
Details
If the CNAP learns of a pensioner's death, it sends a form itself to the survivor it knows about.
- How
- by post
- Where
- the CNAP, or your country's pension fund
Details
If the deceased was last insured in Luxembourg, you can write to the CNAP wherever you live. Otherwise, contact the pension fund of your country of residence or of the last country where they worked.
- Time frame
- a few weeks to several months
- In the meantime
- advances are possible
Details
As soon as your right is established, the CNAP can pay you advances, provisional until the final calculation. The decision can be challenged.
Common mistakes
Believing cohabitation protects you.
Without marriage or a declared partnership, no survivor's pension.
Waiting for the CNAP to pay automatically.
Even when a pensioner dies, an application is needed.
Thinking you will get the deceased's whole pension.
The part linked to salaries is reduced to 75%, and your own income can bring it down further.
Forgetting the orphan's studies form.
Without a reply by 10 October at the latest, payment is suspended.
Remarrying or entering a new partnership without telling the CNAP.
The pension stops, in exchange for a lump-sum buyout.
Frequently asked questions
The surviving spouse or declared partner, the ex-spouse who has not remarried, the children, and under strict conditions other relatives who lived with the deceased. An undeclared cohabiting partner is not entitled to it.
It depends on the deceased's pension: 100% of the part linked to their insurance period and 75% of the part linked to their salaries, then a possible reduction depending on your own income. The CNAP does not provide estimates in advance.
Yes, it is the same idea. In Luxembourg, the official term is survivor's pension (pension de survie).
Yes, but above a legal threshold, the survivor's pension is reduced: by 30% of your income if the pension alone exceeds the threshold, otherwise by 30% of the part above the threshold.
The survivor's pension stops the following month, and it is bought out as a lump sum: 5 times the last 12 months before 50, 3 times after.
If your spouse was last insured in Luxembourg, you can write directly to the CNAP. Otherwise, go through the pension fund of your country of residence or of the last country where they worked.
Not a single percentage: the survivor's pension takes 100% of the part of the deceased's pension linked to their insurance period and 75% of the part linked to their salaries (CNAP (ouvre dans un nouvel onglet)). If your spouse also worked in Germany, the German large Witwenrente is in principle 55% of their German pension (Deutsche Rentenversicherung (ouvre dans un nouvel onglet)), and each country pays its share.
In Luxembourg, a declared partnership yes, unmarried cohabitation no. A foreign partnership counts if it has the same legal effects as the Luxembourg partnership (CNAP (ouvre dans un nouvel onglet)). In France, neither a PACS nor cohabitation opens a reversion pension (Service-public.fr (ouvre dans un nouvel onglet)).