Alimony Spain. English layer in Spain
Alimony in adults
The maintenance is the one that is established on the child or children as a result of a process of separation or divorce. As the Civil Code says:
'Food is understood as everything that is indispensable for sustenance, housing, clothing and medical assistance.
Food also includes the education and instruction of the provider as long as he is a minor and even later when he has not completed his training because it is not attributable to him (...) '.
This last point is important, since it opens the possibility that a child of legal age can continue receiving the pension. Currently this can be common if the child is attending university, for example.
However, the pension in children of legal age is not unlimited and there must be conditions for it to be maintained. This has been made clear by the Courts in various judgments, where they withdrew the alimony pension to children of legal age because they did not meet the requirements (laziness in the studies, little initiative at the time of looking for work, etc). In this way it is intended not to encourage passivity among young people. Some examples of the Courts are the following:
- Sentence of the Superior Court of Justice of Aragon, Civil and Criminal Chamber, of September 2, 2009, where the pension for a 26-year-old daughter who left her studies and does not look for work is terminated.
- Judgment of the Provincial Court of Les Illes Balears, of January 11, 2013, where he extinguishes food to a child of 27, given his lack of academic advantage.
I need an english lawyer
If you are in this situation and need legal advice, do not hesitate to contact us. We can also help you with other family law issues, such as guardianship, conservatorship and adoption proceedings; help with the economic regime of marriage; etc. You only have to request a prior appointment with our Marbella Office and we will assist you as soon as possible.