• Spain Divorces and separations grow 5.7% after one year of confinements and restrictions

  • CGPJ Aragonese, Canaries and Valencians, at the head of divorces and separations

The Supreme Court has once again set limits on the granting of an "indefinite" compensatory pension after a divorce, considering that it is necessary to analyze whether the economically damaged member of the couple has the capacity -

by age, education, health and children

- to achieve their own income in the future.

It establishes these limits in a judgment issued at the end of November in which it

partially estimates the appeal of a man

who must pay his ex-wife a compensatory pension of 1,000 euros per month for five years, and not

2,000 euros indefinitely, as had set the Provincial Court of Madrid

.

The man assumed that his ex-wife, who had stopped working to dedicate herself to the family, was entitled to a compensatory pension - added to the 2,000 euros of alimony for the two children who remained in his custody-, but

questioned both its amount and that it was indefinite

.

The Supreme is partly right.

First, because the Hearing did not take into account that, before the divorce, the couple had already shared a bank account and

the woman had received more than half a million euros

, and that real estate worth close to a million euros remained to be settled. .

But it also highlighted that

the woman was not of advanced age

(49 years old when filing the divorce claim), she had a

degree in Economics and bilingual in English and was not ill or suffered from a disability

, apart from the fact that the children were of an age each. time they required less care.

"It is not utopian that she can dispense with the pension and

obtain her own economic income

, autonomously manage her opportunities and become financially independent from who her husband was," says the high court.

Although

she alleged that her training and level of English had become obsolete

, the court believes that they are capable of updating to adapt them to the labor market and also notes that she had paid jobs until 2006.

For this reason, the Supreme Court considers an indefinite pension inadmissible

and sets it for a

period of five years

, "consistent with the duration of the married couple," of 19 years.

And it

cuts the amount of that pension by half

, remembering that the income of the husband -who had worked abroad for Banco Santander- was considerably reduced when he returned to Spain and that the other expenses imposed in the divorce decree were very high: the maintenance allowance of 2,000 euros and the expenses of the private education of the children, amounting to 1,800 euros per month.

When filing the petition for divorce, the woman had claimed that the alimony be set at 6,500 euros and the compensatory, at 2,500.

The

man then proposed to keep the custody of the children

, a maintenance allowance of 500 euros and no compensatory.

According to the criteria of The Trust Project

Know more

  • Spain

  • Supreme court

JusticeJuan Carlos I before the British justice: "I am not above the law but I only answer to the Spanish Supreme Court"

Innocent

The other Dolores Vázquez (7) This is how Antonio demonstrated the innocence of his son after nine years in prison

AmericaAn envelope with $ 35,000 in a wedding opens a schism within the Mexican government

See links of interest

  • Last News

  • Christmas lottery

  • Check Christmas Lottery

  • Translator

  • 2022 business calendar

  • How to do

  • Holidays 2021

  • Events

  • Child Lottery

  • Covid Certificate

  • Home THE WORLD today

  • Paris Saint-Germain - Bruges, live

  • RB Leipzig - Manchester City

  • Ajax - Sporting CP

  • Borussia Dortmund - Besiktas

  • FC Porto - Atlético de Madrid