By Alex Glenn • 09 December 2021 • 8:12
Supreme Court limits “indefinite” pension payments after divorce in Spain. “You can do without the pension and earn your own income”.
The Supreme Court in Spain has set limits for granting an “indefinite” compensatory pension after a divorce. The court considers that it is necessary to look into whether the partner is capable of earning an income in the future and supporting themselves. The factors taken into account include age, health, education and whether there are children to take care of.
According to Conceptosjuridicos in Spain a compensatory pension: “is a benefit that one of the former spouses receives from the other, when the breakdown of the couple creates an economic imbalance with respect to the situation they had before the separation.”
The new limits were set out in a ruling which was handed down in late November. The Supreme Court partially upheld an appeal from a man who had been ordered to pay a considerable compensatory pension by the Madrid Provincial Court. He had originally been ordered to pay 2,000 euros indefinitely. The Supreme Court has dropped this to a period of five years and to a payment of only 1,000 euros.
The man had agreed that his wife who had stopped working in order to look after the family should receive a compensatory pension. However, he disagreed that it should be an indefinite pension and that it should be for such a high sum. The Supreme Court partially agreed with him and limited the amount to be paid and the duration.
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Originally from the UK, Alex is based in Almeria and is a web reporter for The Euro Weekly News covering international and Spanish national news.
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