Polygamy in Morocco: a loophole forces the Netherlands to pay several widows
A Dutch benefit can still be shared among several widows of the same man in Morocco. The government wants to amend the law to prevent polygamous marriages from continuing to generate social rights in the Netherlands.
The system does not allow each widow to receive a full benefit. The ANW survivor’s benefit is divided among the different wives recognized as beneficiaries.
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This situation stems in particular from the social security agreement concluded between the Netherlands and Morocco. The agreement provides for the benefit to be shared when a deceased insured person leaves several widows within the framework of a polygamous marriage.
The rule continues to produce effects even though the Netherlands does not, in principle, recognize polygamy. A law adopted in 2015 was nevertheless intended to limit the legal consequences of these unions.
Justice confirms the rights of the second wife
The loophole emerged in the case of a woman married in Morocco to a man who already had another wife. After his death, the Dutch Social Insurance Bank, the SVB, had refused to pay her a share of the ANW benefit.
The courts ruled in her favor. The non-recognition of the polygamous marriage under Dutch family law is not sufficient to eliminate the social rights provided for by the agreement with Morocco.
The SVB must therefore, in certain situations, distribute the benefit among the different widows rather than reserve it for a single wife.
The government now acknowledges that the current law does not always make it possible to exclude second wives. In a response addressed to the Dutch Senate, the minister announced plans to “close this loophole as much as possible.”
The authorities want to prevent the Dutch social security system from granting effects to unions considered incompatible with the country’s legal order. They will also check whether the same problem exists for other benefits.
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However, no abolition has yet come into force. The government must prepare an amendment to the law, which will then have to be examined by Parliament. In the meantime, the benefit may still be shared among several widows in Morocco when the conditions are met.