Introduction: Is it possible to contribute without working in Spain?
Many people believe that in order to be able to pay social security contributions it is essential to have a formal job. However, there are legal mechanisms that allow you to continue contributing even if you are not working. This can make the difference between accessing a pension or not, or between maintaining certain social rights or losing them over time. This article explains in a clear and professional manner how you can continue contributing without working, what it implies, who it is aimed at and when it makes sense to use this tool.
At Agustín Moles Abogados, a law firm specialized in Social Security, we often address this issue with our clients. One of the most recurrent cases is that of unemployed people, family caregivers, self-employed workers who have ceased their activity, or professionals who interrupt their working career for personal reasons. All of them wonder if they can maintain their contributions without depending on a company or employer. The answer is yes: through the Special Agreement
What is the Special Agreement with Social Security?
The Special Agreement is a voluntary agreement that a person can sign with the General Treasury of Social Security. This contract allows them to continue paying contributions for certain contingencies even if they are no longer actively employed. In other words, it’s a way to protect your contribution history and future rights, while assuming the cost of the contributions themselves.
Contributing without working is possible thanks to the special agreement, a direct agreement between the citizen and the Social Security General Treasury. Through this instrument, it is possible to maintain or extend the rights to benefits such as retirement, permanent disability or widow’s pension, even without an active employment relationship.
Who can apply?
This agreement is available for people who have previously been registered with the Social Security and who, due to various circumstances, are no longer registered. The most common profiles include:
- Unemployed persons who are no longer receiving benefits.
- Professionals who voluntarily cease their activity.
- Foreigners who return to their country but want to keep their pension rights in Spain.
- Caregivers of family members who do not contribute as employees.
- People with gaps in their working life who wish to complete years of contributions.
What benefits are covered?
Through the Special Agreement, contributions can continue to be made to maintain access to:
- Jubilació
- Incapacitat permanent
- Widow’s or widower’s pension
- Death and survival
This allows the worker not to lose the continuity of his contribution and to reach the necessary years to obtain a contributory pension in the future.
What is this agreement NOT for?
It is important to make it clear that this agreement does not serve to cover temporary disability or to access benefits such as medical leave. In fact, one of the most misunderstood points is the belief that paying voluntary contributions gives access to the same benefits as an employee. This is not the case.
As we indicate in our channels: “The payment of the contribution will be made by the worker himself to the General Treasury of the Social Security and does not serve, for example, to collect the sick leave”. This point is fundamental in order not to generate erroneous expectations.
Other ways to contribute without working
In addition to the special agreement, there are other cases in which a person can continue to generate contributions without having an active job. In some cases, contributions are made automatically and in others they require administrative steps.
Non-professional caregivers (Dependency Law)
One of the best known and most widely applied cases at present. When a person provides non-professional care for a family member in a situation of recognized dependency and is listed as the main caregiver, he or she can access a contribution system paid by the State. In other words, without paying out of pocket.
This contribution counts as valid for access to pensions and other benefits, and is usually linked to the degree of dependency of the family member being cared for.
Unemployment or subsidies with contribution
There are certain unemployment benefits that continue to be paid by the beneficiary, such as:
- Contributory unemployment benefits (unemployment).
- Some unemployment benefits, especially if the person has family responsibilities or is over 52 years of age.
In these cases, the State Public Employment Service (SEPE) is responsible for maintaining the worker’s contribution during the time he/she receives the assistance. However, when these benefits are exhausted, this coverage is also lost, unless proactive action is taken with other options such as the special agreement.
Interns or covered internships
Since recent legislative changes, external academic internships (even if unpaid) can include social security contributions, provided they are properly registered. This is especially relevant for young people who are starting their professional career and can start adding contribution time very early on.
Situations assimilated to discharge
There are certain periods that, even if you are not working, are considered as having contributed for the purpose of calculating benefits. Some examples:
- Legal strikes.
- Suspension of contract due to maternity or paternity.
- Reductions in working hours with justified causes.
- Military service or alternative social service (under very specific conditions).
These situations must be well documented and, in some cases, justified before Social Security to be recognized.
How to calculate how much you will pay if you decide to quote on your own
In the special agreement, the interested party chooses the contribution base, within the established legal limits. The chosen base will determine the monthly contribution to be paid, and therefore, the impact it will have on future benefits.
The higher the base, the higher the contribution, but also the higher the amount used as a reference for retirement, disability, or widow’s pension.
There are different options:
- Current minimum base (corresponds to the SMI).
- Base equal to the last contribution made as a worker.
- Intermediate or maximum base, if you want to increase future rights.
The exact calculation can be complex. At Agustín Moles Abogados, we offer personalized advice so that each person can choose the option best suited to their situation and goals.
Advantages of contributing without working: protecting your retirement and disability
Paying contributions without working may seem like an unnecessary expense, but in many cases, it’s a strategic investment. The main advantages are:
- Not losing the right to future retirement.
- Increase the pension to be collected.
- Complete the minimum years required for contributory benefits.
- Avoid gaps in your working life that affect your pension calculation.
- Maintain access to widow’s or disability pensions.
For many people, contributing independently for a few years makes the difference between receiving a contributory pension or being excluded from the system.
Common mistakes when quoting on your own (and how to avoid them)
Among the most frequent errors we see in consultation are:
- Think that the special agreement covers all types of benefits (for example, sick leave or unemployment).
- Failure to review the contribution base annually.
- Not knowing the deadlines and access requirements.
- Not comparing the economic impact between different bases.
- Failure to take into account the tax effect of these contributions.
All of these errors can be avoided with proper legal counsel. At Agustín Moles Abogados, we conduct personalized studies for each case.
When is it advisable to do so? Real-life cases that justify it
Not everyone needs to contribute without working. However, there are situations in which doing so is highly recommended:
- People about to retire but with insufficient years of contributions.
- Former employees who wish to avoid gaps in their record.
- Caregivers of dependent family members.
- Spaniards who move abroad but want to maintain their rights in Spain.
- Self-employed workers who temporarily cease their activity and wish to continue paying contributions.
In all these cases, it is possible to study the economic impact and the return in terms of social rights to decide whether it is the best option.
How a Social Security lawyer can help you
The system of special agreements and voluntary contributions is complex and changes frequently. A mistake in choosing the base or timing can result in the loss of rights or unnecessary overpayments.
At Agustín Moles Abogados we help with:
- Request the special agreement correctly.
- Calculate the most convenient fee.
- Check if there are other free ways to get a quote.
- Defend your rights before Social Security.
- Avoid legal or administrative errors that could harm you.
Legal advice in this matter is not optional: it is a smart investment in your future security.
Conclusion: Contributing without a job is possible, and it can be key to your future.
The possibility of contributing without working is a little-known but very useful tool for those who are outside the labor market. Whether through a special agreement, state aid, or special situations, there are legal ways to protect your access to retirement and other benefits.
The most important thing is to act in time, know your options, and, above all, seek professional advice. At Agustín Moles Abogados, we help you make decisions that protect your future, even when you’re not working.