Lawyers Marbella

Compensatory pension in Spain

Compensatory pension

According to the Civil Code in Spain, the spouse to whom the separation or divorce produces an economic imbalance in relation to the position of the other, which implies a worsening in their previous situation in the marriage, will be entitled to compensation. This is commonly referred to as a compensatory pension.
We will have to start from the fact that there is a real imbalance with respect to the situation immediately prior to the marriage. For example: Maria and Pedro get married. María, who until then had a paid job, resigned her position to take care of the house and the children. In this case Maria's economic situation has worsened compared to the one she had before getting married, so in case of divorce, it would be possible to apply for a compensatory pension.
It is important to know that this pension is not granted automatically, but must be requested during the process of separation or divorce. It should also be borne in mind that this pension is compatible with that of food, since the latter is aimed at the children and not the spouse. Therefore, the Judge may establish both at the same time if necessary.

Amount of compensatory pension

In order to help with the determination of the compensatory pension, there are currently some indicative scales. In any case, the Judge is not obliged to follow said Bares, so if he considers otherwise, he may establish it in the Regulatory Agreement.vIf, after a time, the circumstances of one of the parties changed, it will be possible to initiate a process of modification of measures in order to adjust the amount of the pension.

We recommend that you contact our Marbella office if you need advice or legal defense in Spain for your legal questions. Our attorneys, who have extensive experience in spanish law, will help you from the first moment.