118 CHA

During a divorce process, one of the most common doubts is whether one of the couple’s members must pay a pension to their ex -partner, or if, on the contrary, you have the right to receive it. Although it is a common issue, the answer is not simple or automatic, since It depends on multiple factors that must be analyzed case by case.

Far from what many believe, the law does not establish a universal obligation to grant a compensatory pension after a separation. According to article 97 of the Civil Code, this figure aims to balance the economic situation of the spouses when, after the breakup, One of them is clearly more unfavorable than the other. In these cases, financial compensation can be requested, but its concession is not guaranteed.

Family law experts explain that this pension seeks to compensate for the economic imbalance generated by separationespecially when one of the spouses sees their ability to obtain income reduced, either for having dedicated years to household care, having renounced their professional development or being in vulnerability. However, The simple fact of divorcing does not imply, by itself, the right to receive this benefit.

To determine whether or not and in what amount, aspects such as the duration of marriage, age and health of the members of the couple, their professional training, the dedication they have had to the family and the home, the current and predictable income are valued, as well as Family charges, especially if there are minor children.

The calculation is not performed following a fixed formula. Although there are some guidelines, Judges value each situation individually. The fundamental thing is that a real imbalance situation is accredited after the breakup and that there is a clear justification to request this help.

How long is the pension paid?

There is no standard term. Can be established as a temporary aiddesigned to facilitate the economic transition of one of the parties, or even granted indefinitely If the imbalance is permanent and the person is not expected to recover financial autonomy. Again, the final decision falls to the judge, which will determine whether the pension is granted, who, for how long and in what amount.

And when is it not granted?

There are situations in which the compensatory pension is highly unlikely. For example, when the couple has lived for a few years, they have no children, both members have work, young age and good professional qualification. In these cases, since there is no significant economic dependence between the parties, it is considered that none remains in a position of special vulnerability after the rupture.