Carlos Baos – Divorce & Separation

Divorce and Separation. Do I have the right to claim a compensation for the domestic work done during the marriage? Legal Advice by Spanish Lawyers in Costa Blanca. 

A few weeks ago, we discussed in our column the alimony to alleviate the economic imbalance in cases of separation or divorce, which is regulated in article 97 of the Spanish Civil Code. This week we close the chapter on compensation in case of divorce or separation by analysing another type of compensation: the compensation for domestic work carried out by one of the spouses, established in art. 1438 of the Spanish Civil Code.

Main features

It is only foreseen for marriages in which the matrimonial economic regime of the spouses is separation of property. In other words, when the couple’s respective assets, income, etc. are totally separated.

To claim it, one of the spouses must have contributed to the expenses of the marriage (to which both spouses must contribute equally) through domestic work.

How much can be claimed for domestic work and how is this compensation calculated?

The jurisprudence of the Spanish Supreme Court, over the years, has established the best formula for calculating the amount of this compensation: the salary that the spouse who contributed to the marriage through domestic work, would have received, if he/she had carried out this activity, for another person. The best indicator for this is the minimum wage.

Therefore, if a spouse has been taking care of the domestic work for 20 years, it would not be surprising that he/she would be entitled to claim a compensation of approximately €144,000 (€600 per month x 20 years).

How does this compensation differ from the compensation provided for in Article 97?

Both are compatible, as they track different purposes. The alimony that we analysed last week is designed to alleviate the economic imbalance that arises in one of the spouses after the divorce. Compensation under Art. 1438 is intended to exclusively compensate for work done in the home.

At White-Baos Lawyers we are experts in Cohabitation law, divorce, and separation in Spain, both by mutual agreement, as well as in court. Getting expert legal advice in a divorce proceeding is key. If you want to know in detail the compensation/alimony that you may be entitled to, depending on the specific circumstances of your marriage, please do not hesitate to contact us. We will study your case and offer you expert legal advice on this and other matters related to Family Law.

You may be interested in the following services and articles:

Is it advisable to make a new Will after a divorce?. What is the so-called ‘Will for divorcees’?

How to stop child maintenance?. Judicial success. We analyse the legal grounds to stop the child maintenance set in a Settlement Agreement. Jurisprudence. Won judgements

Divorce between foreigners in Spain. Applicable law to the divorce. Comments to the European Regulation. Legal advice

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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