Compensatory pension is a measure that can be established after a divorce or separation, intended to balance the economic imbalance that the breakup of the marriage may cause for one of the spouses.
Next, I explain when and how it is determined if one of the spouses is entitled to this pension.
Introduction
Divorce or legal separation can create a significant financial disruption in the life of one spouse, especially if their financial situation was largely dependent on the other during the marriage.
The compensatory pension is designed to alleviate this imbalance, ensuring that the most disadvantaged spouse can maintain a standard of living similar to that during the marriage.
The decision to grant this pension and its amount depends on multiple factors that are evaluated by the judge in each particular case.
In the absence of an agreement between the spouses, the judge will determine the amount taking into account the following circumstances:
In the event that the spouses do not reach an agreement on the compensatory pension, it will be the judge who, through a ruling, determines its amount, evaluating the following circumstances:
1. The agreements reached by the spouses:
Even if there is no definitive agreement, any previous negotiations between the spouses will be considered by the judge when making their decision.
These agreements can influence the final decision, especially if they reflect a mutual understanding of the economic needs and capabilities of both parties.
2. Economic inequality between spouses
The compensatory pension is granted when an economic imbalance occurs that implies a worsening in the financial situation of one of the spouses compared to the situation he had during the marriage.
This imbalance can manifest itself in a significant reduction in income or in the inability to maintain the standard of living prior to retirement. community property or separate property..
3. Causes of imbalance
The judge will analyze whether the imbalance has been direct consequence of marriage, as when one of the spouses gives up his professional career to dedicate himself to the family or taking care of the home.
Also valued are the difficulties you may have re-entering the labor market, especially if you have dedicated yourself for years to household chores or childcare offspring.
4. Duration of marriage
The duration of the marriage is a determining factor.
How much the longer the marriage has been, the more likely it is that one of the spouses has seen their capacity for professional development limited and, therefore, the more justified the compensatory pension will be.
In long-term marriages, it is common for one of the spouses to have sacrificed their professional career in favor of family needs.
5. Age and health status
The age and health of the applicant spouse are also considered, as they may influence their ability to generate their own income.
A spouse of Older age or those with serious health problems may have more difficulties integrating into the labor market., which reinforces the need for a compensatory pension.
6. Professional qualifications and possibilities of access to the labour market
The judge will take into account the Professional qualification of the applicant spouse, their training, work experience, and the real possibilities of accessing the job market.
If it is considered that you have few employment options, this may influence the award and amount of the compensatory pension.
Duration and amount of compensatory pension
The duration and amount of the compensatory pension are established flexibly, depending on the circumstances of the specific case.
It can be granted temporary or indefinite, according to the judge's evaluation:
Temporary or indefinite
The compensatory pension can be established with a duration limited in timeFor example, until the recipient spouse achieves reasonable financial independence, or it can be indefinite if circumstances justify it.
Amount
The amount of the pension It is calculated based on the existing economic imbalance, the income of both spouses, and the needs of the beneficiary spouse.
It is also considered the . common that both shared during the marriage.
Review and termination
the compensatory pension may be reviewed and modified if the circumstances that motivated its granting change., such as a significant increase in the receiving spouse's income or if he or she enters into a new marriage.
In some cases, the pension may be extinguished if it is shown that the imbalance has been compensated or no longer exists.
When is there no right to compensatory pension?
Compensatory pension is not always applicable, and there are situations in which a spouse will not have the right to receive it:
Absence of economic imbalance
If both spouses have similar income or the divorce does not generate a significant economic imbalance for either of them, there will be no right to a compensatory pension.
Short-lived marriages
In very short marriages, a compensatory pension is less likely to be awarded, since the economic imbalance resulting from the marriage is usually less significant.
Economic independence of the applicant spouse
If the applicant spouse has a stable financial situation and is capable of supporting himself, the granting of the pension will not proceed.
Modification of compensatory pension
The compensatory pension is not immutable and can be modified under certain circumstances:
Changes in the economic situation
If the financial situation of either spouse changes significantly, a pension modification can be requested, either to increase, decrease or terminate the payment.
Change in the recipient's marital status
If the spouse who receives the pension remarries or begins a stable cohabitation with another person, the judge may decide to modify or terminate the compensatory pension.
Improvement in the receiver's condition
If the receiving spouse obtains a stable job or considerably improves his or her financial situation, the other spouse can request a review of the pension to adapt it to the new reality.
Forms of termination of compensatory pension
The compensatory pension is extinguished in several cases:
Due to economic improvement
The pension can be extinguished if the receiving spouse reaches a situation of economic independence that allows him or her to maintain the standard of living prior to the divorce without the need for the pension.
New marriage or cohabitation
If the spouse who receives the pension marries or begins a stable cohabitation with another person, the pension may be extinguished, since it is understood that the new situation compensates for the imbalance.
Death of the obligor or the recipient
If the spouse obliged to pay it dies, the obligation passes to his heirs, who can request its termination before the judge if they demonstrate that the payment is unfair or disproportionate to them.
Frequently asked questions about alimony
What happens if the spouse obligated to pay compensatory alimony dies?
In the event of the death of the spouse obligated to pay the pension, the payment obligation can be transmitted to heirs, who may request its termination if they demonstrate that the payment is unfair or disproportionate to the economic situation they inherit.
What happens if compensatory alimony is not requested during the divorce process?
Es It is crucial to request alimony during the divorce process, since, if you do not do so, you may lose the right to claim it later.
However, in some exceptional cases, it could be attempted to request it in a modification of measures, but this depends on the legal context and the circumstances of the case.
Can the spouse who pays the pension request its modification or termination?
Yes, The spouse obliged to pay the pension may request its modification or termination if economic circumstances change significantly or if the recipient spouse improves their financial situation, marries again or begins a stable cohabitation with another person.
How is the amount of the compensatory pension calculated?
The amount is calculated considering the economic imbalance that divorce has generated, the income of both spouses, the burdens of the marriage, and the beneficiary spouse's possibilities of accessing the labor market.
Other factors are also taken into account such as age, health status and duration of marriage.
Conclusion
Compensatory pension is a legal instrument designed to correct the economic imbalance that may arise after a divorce or separation, guaranteeing that the most disadvantaged spouse can maintain a standard of living similar to that which they had during the marriage.
The granting of this pension depends on a thorough evaluation of the economic, personal and professional circumstances of both spouses, always under the supervision and decision of a judge.
Spanish legislation, through Civil Code, establishes the criteria for its granting, ensuring that decisions are fair and equitable, and protect the rights of both parties involved.
RRYP Global, lawyers of Family right in Spain.
