The joint property will be divided, but the non-marital spouse is not entitled to a pension
According to those in the know, this is a good solution so that there are no problems with who will inherit the pension, when it comes to parallel relationships - marital and extramarital, but on the other hand, already in our country, fashion from the world is "imported" on a large scale to avoid enters into a civil marriage, that is to practice an extramarital union, which, in turn, does not bring protection for old age
According to our legislation, although cohabitation is in many cases equal to marriage, if one partner dies, the other cannot inherit his pension. However, children born out of wedlock also have the right to a pension, in the same cases as children born in wedlock - if they go to school, they can receive a pension up to the age of 26, and a permanent pension follows even if the child remains permanently unable to work.
In some countries, even in Serbia, non-marital partners also have the right to a pension, under certain conditions. These days, Belgrade is "shaking" the case in which the wife requested a pension from her deceased husband, but was told that the pension was already being used by her extramarital partner.
The Pension and Disability Insurance Fund of North Macedonia is determined that such "confusion" cannot happen in our country.
- According to Article 57 of the PIO Law, only a spouse is entitled to a family pension, that is, marital and extramarital unions are not equal and an extramarital partner does not have the right to a family pension - the "Sloboden Pechat" from the PIOM Fund stated.
According to those in the know, this is a good solution precisely so that there are no problems with who will inherit the pension, when it comes to parallel relationships - marital and extramarital, but on the other hand, fashion from the world is already "imported" on a large scale in our country so as not to enters into a civil marriage, that is to practice an extramarital union, which, on the other hand, does not bring protection for old age if one partner in that union does not work and does not pay a pension contribution, or the possibility in the event of the death of one of the partners to use the pension that is higher.
In Great Britain, the pressure began at the end of the last century when the Labor Party announced adaptation to modern life, and later a reform was implemented in that direction. In Switzerland, pension schemes offer various possibilities for mutual protection of non-marital partners for pension days. In many European countries, various pension schemes are offered where it is usual to nominate the common-law spouse…
In our country, comments can be heard more and more often that the extramarital partner has the same rights as the married one, but it is for the property, not for the pension.
According to the Family Law, an extramarital union that has lasted for at least one year is equal to a married union in terms of the right to mutual maintenance and the property acquired during the duration of that union.
Lawyers explain that this means that both spouses and non-marital partners have the right to joint ownership of property acquired during the union, regardless of whose name is entered in the property documents. The fact that a union is not formally registered as a marriage does not entitle either partner to appropriate all property acquired during that union.
In the Law on property and other real rights, where in article 81 it is written: The property that extramarital partners will acquire in an extramarital union is considered their common property. Regarding the management and disposition, the determination of the parts of the property acquired in the extramarital union and in the division of the property in the extramarital union, the provisions of this law on the common property of the spouses shall be applied accordingly.