Compensatory pension civil code
This economic attribution from one spouse to another has as a requirement that one of the spouses suffers a worsening in his/her economic level with the divorce or separation with respect to the one he/she had during the marriage while the other spouse has not suffered this worsening.
Usually, this economic attribution was granted from men to women. This was due to the fact that women were not in the labor market and depended exclusively on their husbands.
This situation meant that when the marriage was dissolved, the woman had no income and her situation worsened considerably, while the husband continued to keep his job and income intact.
Single mother’s compensatory pension
In this article you will find answers to the most frequent questions about these pensions, although we recommend that you consult your particular case with a Divorce Lawyer. Keep in mind that each case is different, so your lawyer will have to study your specific conditions to give you the best answer.
The first thing we should do when talking about this benefit is to define it. The compensatory pension is a benefit that is established in favor of the spouse whose economic situation is harmed by the breakup. Of course, if none of the spouses were harmed, there would be no need to establish any pension.
The question, when it comes to the Courts, can be somewhat more complex. But basically these are the requirements of the compensatory pension. That is why it is important to have the assistance of a good family lawyer, who will be able to:
It is important to highlight an issue that has been stressed by the Supreme Court time and time again. If we analyze carefully the requirements of the compensatory pension we will realize that we are talking about the appearance of an economic imbalance.
Compensatory pension pdf
In most of the cases, separations and divorces have a negative effect on the economic aspect of the marital relationship, that is why by means of the compensatory pension it is possible to balance such difference, understanding that the compensatory pension has the purpose of compensating the imbalance caused after the dissolution of the marriage against the affected party.
Our lawyers specialized in family law affirm that the right to receive the compensatory pension will exist when an economic imbalance between one of the two spouses is accredited, as a consequence of the marital separation or divorce.
In any case, it must be known that the compensatory pension must be in relation to the time that is considered necessary so that the spouse who suffers the economic imbalance can overcome it.
In the compensatory pension, the judicial modification is possible in cases where the beneficiary spouse comes to a better fortune, that is to say, when the beneficiary has an improvement in his or her economic situation. The modification is also possible when there is an economic worsening of the spouse obliged to pay.
Most of the separations and divorces have a negative incidence in the economy of both spouses and it is impossible to balance arithmetically the situation of each spouse with the one had during the period of cohabitation, for that reason, we must have clear that the compensatory pension does not pretend an equality between the patrimonies of both after the breakup, but what is pretended is to compensate the imbalance that one of the parts supports after the matrimonial crisis.
It is important to have clear that the compensatory pension is established both in the marital and common-law couple breakups, although the procedure to follow for the purposes of this claim in one case and the other is not the same.
There will be a right to the compensatory pension if the existence of an economic imbalance with respect to one of the spouses as a consequence of the separation or divorce is accredited, since it is the basic requirement for the fixation of the compensation.
In this sense, the Judgment of the Supreme Court of January 19, 2010 has established as jurisprudential doctrine that: “to determine the existence of economic imbalance generating the compensatory pension, it must be taken into account basically and among other parameters, the dedication to the family and the collaboration with the activities of the other spouse, the property regime to which the assets of the spouses have been subject as it will compensate certain imbalances and their situation prior to the marriage”.