Are the spouses entitled to claim alimony in case of divorce or separation? Spanish Civil Code. Expert legal advice from Spanish lawyers in Costa Blanca.

The financial consequences of divorce between two individuals are many and varied. In today’s article, we want to analyse one of them, that is often overlooked. The compensation (also known as alimony or divorce maintenance) provided for in article 97 of the Spanish Civil Code.

Nature and purpose of the alimony

To avoid confusion with other ‘compensations’ or ‘pensions’ provided for in the Spanish Civil Code (child support, compensation of Art. 1438, etc.) it is necessary to clearly explain the purpose and nature of this type of pension clearly.

The alimony foreseen in art. 97 is intended to compensate the financial disequilibrium that may arise as a consequence of the divorce or separation. Therefore the spouse whose financial situation has worsened (as a result of the divorce) is entitled to receive a compensatory pension that will be paid by the other spouse.

Guidelines for its determination

The parameters for calculating the amount of this pension are set out in Article 97 itself. They can be summarised as follows: the agreements reached by the spouses, the age and state of health of both spouses, the employment qualifications and accessibility of employment, past and future dedication to the family, duration of the marriage, the assets of each spouse possesses, etc.

Duration of the alimony

This pension can be fixed on a temporary basis (for a certain period of time) or indefinitely (and be modified over time, provided that the necessary conditions are met). It is also possible to agree that the alimony is paid in a lump sum. At the end of the day, it will depend on the specific circumstances of each case.

Can the alimony be terminated or changed after being approved?

The divorce compensation can be fixed in two different ways. It can either be agreed by the spouses, in the regulatory agreement (if the divorce is amicable). Or if the divorce ends up in court, it can also be established by the judge. In both cases, if the circumstances that led to the alimony being approved change, the alimony could be modified or terminated. For instance, if the spouse receiving the alimony gets married again, this type of compensation would stop.

Divorce proceedings, whether amicable or contentious, are not a simple process. Alimony, child custody, use of the family residence, etc. At White-Baos Lawyers we are experts in Family Law. If you have any questions about this or other issues, please do not hesitate to contact us. We will study your case and offer you expert legal advice.

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Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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