I am married with no children and seriously considering getting divorced. However since I have a job but my wife does not work, I have been told that I may have to pay her an allowance for the financial imbalance caused by the divorce, called in Spain PENSION COMPENSATORIA . If this is agreed on; is it something I would have to pay for life? or is there a time limit? What amount would I have to pay ?
Thank you for your consultation.
We can confirm in relation to the above, that under Spanish Law it is possible for this maintenance, support, alimony, compensation to the spouse (pension compensatoria). to be temporary. While it is true that there have been contradictory Court Orders we understand that currently there is no doubt about the possibility of setting a temporary allowance.
The possibility for setting a temporary allowance and compensation has been recognized in many Court Orders among which we can highlight some recent ones from the Supreme Court of Justice, i.e: numbered 472/2011 dated 15 of June and one dated 17 October of 2008, which reiterate and confirm, this possibility.
Furthermore, this possibility was admitted and expressly recognized by the Spanish legislators (equivalent to the UK Parliament) when under Law 15/2005 amended article 97 of the Spanish Civil Code stating on its first paragraph that the granting of compensation may be permanent or temporary as quoted below:
The spouse to whom separation or divorce produces an economic imbalance in relation to the other spouse’s position which implies a worsening in their situation before the marriage, shall be entitled to compensation that may consist of a temporary or indefinite allowance or a one time payment, as determined by the regulatory agreement or the Court Order
Setting a permanent or temporary compensation will depend on the specific circumstances of each case. In order to be able to determine if a misbalance exists after divorce or separation and if so to establish the amount and time for compensation, the following said criteria contained in article 97 will be considered:
1. The agreements reached by the spouses.
2. The age and health status.
3. The professional qualifications and the odds to access employment.
4. The past and future commitment to the family.
5. The cooperation in working with the spouse’s marketing or professional activities.
6. The duration of marriage or time living together.
7. The eventual loss of a pension entitlement.
8. The volume of the assets and financial means as well as the necessities of each spouse.
9. Any other relevant circumstances.
This criteria is similar to the criteria used for example in the English and Wales legal system, to set a possible compensation between spouses as per article 25 of the MATRIMONIAL CAUSES ACT 1973 which indicates that the following should be considered:
a.) Income, earning capacity, property and financial resources of each spouse.
b.) Financial needs obligations and responsibilities.
c.) Living standards of the family.
d.) Age of each party to the marriage and duration of the marriage.
e.) Any physical or mental disability of either of the parties.
f.) Contributions made by each spouse to the marriage.
g.) Conduct of each of the parties, if that conduct is such that it would in the opinion on the court be inequitable to disregard it.
h.) Valuables and benefits that each spouse may lose with the dissolution of the marriage
Should any reader find himself or herself in this situation or similar please do not hesitate to contact us and the appropriate advice will be provided.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
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