From Welex, law firm in Marbella, our lawyers specialized in family law in Spain will clarify all your questions related to the compensatory pension in Spain.
When it comes to discussing a divorce process, there is a tendency to confuse alimony with compensatory pension in Spain, although they are different.
The first relates to children that the couple may have begat during their relationship; while the compensatory pension is defined as an economic benefit to which the spouse who suffers economic instability arising from the divorce or separation process is entitled. This compensatory pension in Spain can be requested by the spouse who remains in financial imbalance at the time of the application for divorce, after that there will be no possibility to carry out this process.
Article 97 of the Civil Code establish some criteria for setting the conditions for the compensatory pension, which is intended for profiles different than those we have in the 21st century. Compensatory pensions in Spain are becoming strange or anecdotical, and harder to see in practice.
How can a person become a beneficiary of a compensatory pension in Spain?
In order for a person to be a beneficiary of a compensatory pension, a clear imbalance of one spouse must occur with respect to the other after the time of divorce. On the other hand, it cannot be claimed where the two persons are in the same economic position or where they have common goods or sufficient income for sustainment.
The typical example of a compensatory pension in Spain for economic imbalance after a divorce is usually referred to a woman who has been a housewife all her life, dedicated to the family, while the husband worked outside. Throughout married life, the housewife has dedicated herself to the family at the expense of her ability to enter the labor market.
After many years of coexistence, and when children are emancipated, it is decided to end this marriage bond and a divorce process begins in Spain. After this fact, she finds herself in a complicated situation, since, by age, her ability to join an employee is limited, so she has no capacity to generate income. While the husband is still working and having income every month in the same way as before the divorce.
This example clearly shows an imbalance between the two situations. Where this occurs, the law provides that the person who has been disadvantaged by this situation may apply for a compensatory pension in Spain, so that, in some way, one person may compensate the other for its dedication during the years of cohabitation together, with the consequent depreciation of its ability to enter the labor market.
In this way, a compensatory pension is established in Spain, usually lifetime, which may cease when certain circumstances occur, such as the spouse favored by that pension get married again or has entered the labor market.
For further questions regarding family law in Spain, do not hesitate to contact Welex.