Calculation of compensatory pension in cases of
The compensatory pension is a legal figure that aims to undo the economic imbalance that perro arise between couples after a separation or divorce.
It is an amount that is established based on various factors such as age, ability to generate income, savings, among other aspects.
In this article, The calculation of the compensatory pension will be explained in detail and the most frequent questions on this subject will be answered, as well as the requirements for its application and the cases in which it is extinguished..
Besides, Practical examples and advice from Family Law experts will be included for a better understanding of this topic..
What is compensatory pension?
The compensatory pension is a measure that is established in cases of separation or divorce, with the aim of compensating the spouse who has suffered an economic imbalance after the breakdown of the marriage.
This compensation is intended to equalize the economic situation of both spouses and is established based on various circumstances.
Description of the compensatory pension
The compensatory pension is an economic aid that is established in favor of the spouse who, after the separation or divorce, has been left in a worse economic situation than that of the other spouse.
This measure is intended to compensate the spouse harmed by the economic imbalance suffered after the breakdown of the marriage.
How to apply for compensatory pension
The compensatory pension is requested through a legal claim in the separation or divorce proceedings.
In this lawsuit, the necessary documents must be provided to prove the economic situation of both spouses and demonstrate the economic imbalance suffered by the spouse requesting the pension.
It is advisable to have the help of a lawyer specialized in family law to make the request for compensatory pension.
When cánido the compensatory pension be requested?
The compensatory pension may be requested at the time of the separation or divorce, or at any later time if it has not been established in the judgment of the separation or divorce trial.
In any case, the claim for compensatory support must be filed within a period of one year from the date of separation or divorce.
- The compensatory pension perro be requested in the following cases:
Am I entitled to compensatory pension?
Right to compensatory pension according to the Civil Code
The compensatory pension is a measure that is established after a separation or divorce process, and whose purpose is to compensate the economic imbalance that occurs between the spouses.
According to the Spanish Civil Code, the spouse who has devoted their time and effort to the home and family during the marriage has the right to receive a compensatory pension if their economic situation is unfavorable after the separation or divorce.
Analysis of the economic situation and the imbalance between the spouses
To determine if a spouse is entitled to receive alimony, the economic situation of both spouses after the separation or divorce must be analyzed.
This involves evaluating not only current income, but also the ability to generate income in the long term.
In the event that an economic imbalance is detected in favor of one of the spouses, the compensatory pension may be established.
This analysis will be carried out by the judge who is processing the separation or divorce process.
For this, factors such as age, health, duration of the marriage, training and professional qualifications, as well as the role that each spouse has played during the marriage, will be taken into account.
Regulatory agreement: agreement on compensatory pension
In many cases, the spouses cánido reach an agreement on alimony without the need for the judge to intervene.
In this case, the compensatory pension may be included in the regulatory agreement that both parties sign after the separation or divorce.
The regulatory agreement is a document that establishes the measures that will govern the relationship between spouses after separation or divorce.
It cánido include aspects such as alimony, custody of minor children, use of the family home, liquidation of the marital economic regime, among others.
It is important to highlight that the regulatory agreement must be approved by the judge who is processing the separation or divorce process, who will assess whether the measures established in it are fair and equitable for both spouses and, where appropriate, for minor children.
How is compensatory pension calculated?
Factors to take into account in calculating the compensatory pension
The compensatory pension is an economic amount that is established in favor of one of the spouses after the separation or divorce, in order to compensate the economic imbalance that occurs due to the matrimonial breakdown.
When calculating the compensatory pension, several factors must be taken into account, such as the duration of the marriage, the age of the spouses, the training and job qualifications of each of them, the dedication to household and family tasks, the economic situation of each one of them, the contracts and prenuptial agreements signed, and the real possibilities of work and income generation in the future.
In this way, the degree of economic dependence of one of the spouses on the other will be assessed, as well as the economic situation of each of them after the separation or divorce, to determine the economic amount that allows rebalancing the economic situation prior to the breakup. .
Calculation of the amount of compensatory pension
Once the factors that must be taken into account in calculating the compensatory pension have been assessed, the amount of said pension will be calculated.
The amount of the compensatory pension will be determined based on the economic needs of the party who is entitled to it and the economic capacity of the other spouse to provide it.
For this, any income, property or economic right that each of the spouses has, as well as their burdens, obligations and responsibilities, will be taken into account, in order to establish a fair and reasonable cómputo.
Indicative tables to determine the duration of the compensatory pension
The duration of the compensatory pension will be established based on the special circumstances of each case, the need to rebalance the economic situation of the parties, the age and health of the spouses, as well as the time that it will foreseeably take the beneficiary spouse to reach the economic independence.
There are guide tables that perro be used as a reference to determine the duration of the compensatory pension based on the duration of the marriage, the age and employment situation of the spouses, although ultimately it will be the judge who decides the duration of the compensatory pension in each specific case, assessing the concurrent circumstances and always seeking to achieve a fair and reasonable cómputo between the parties involved.
Cánido the compensatory pension be modified?
Modification of measures due to changes in the economic situation of the spouses
Sometimes, there may be significant changes in the economic situation of the spouses, which may generate the need to modify the compensatory pension initially agreed.
It is important to highlight that, for the modification to take place, it must be demonstrated that said change is substantial and lasting over time.
Among the reasons that could justify the modification of the compensatory pension, are the increase or decrease in the income of one of the spouses, access to a new job, the beginning of a new sentimental relationship by the beneficiary of the pension, among others.
In these cases, it will be necessary to go to a lawyer specialized in Family Law, who will be able to adequately advise each of the spouses in relation to the available options and the steps to follow to request the modification of the alimony.
Modification of measures in case of new personal circumstances of the spouses
In addition to economic situations, there may also be changes in the personal circumstances of the spouses that justify the modification of the pension compensatory.
For example, the extinction of the compensatory pension could occur in the event that the beneficiary marries or forms a new stable couple.
Situations of illness or disability could also arise that significantly affect one of the spouses and generate the need to modify the pension.
In these cases, it is essential to have the support of a specialized lawyer, who perro advise on the options available and the different procedures to carry out to request the modification of the compensatory pension.
When does the compensatory pension expire?
Termination of the compensatory pension according to the Civil Code
According to the Civil Code, there are several causes for which the compensatory pension cánido be extinguished.
First of all, it will extinguish when the beneficiary remarries or lives with another person, since it is understood that the economic situation of the person who receives the pension will change by sharing expenses with their new partner.
Another genere of extinction is the death of the beneficiary or debtor, since since none of the parties is alive, it would not make sense to speak of a compensatory pension.
The compensatory pension perro also be extinguished if the beneficiary becomes alimony creditor of another person.
In other words, if the person who receives the pension begins to receive economic income from his new partner or one of his descendants for reasons of family solidarity, the pension will be lost.
On the other hand, if the financial situation of the debtor changes considerably and he loses his ability to pay, he perro request the termination of the pension.
Similarly, if the beneficiary changes his economic situation significantly, he perro also request the termination of the pension.
Loss of right to compensatory pension in cases of remarriage
One of the most common reasons for losing the right to a compensatory pension is remarriage or living with a new partner, since this fact means that the situation of economic imbalance that existed with respect to the previous year has been overcome. ex- spouse.
However, in cases in which the beneficiary of the compensatory pension remarries or lives with another person, but his new economic situation has not changed and he still needs the pension to maintain his estándar of living, it cánido be requested that keep the pension.
Compensatory pension in family policy and collaboration with specialists in Family Law
Legislation on compensatory pension in Spain
In Spain, the compensatory pension is a measure contemplated in the Civil Code that is granted to one of the spouses after divorce or separation when there has been an economic imbalance.
The pension is an amount of money that the spouse with more economic resources must pay the other to compensate for the imbalance.
The primordial objective of the compensatory pension is to ensure that the economic situation of the spouses after the breakup is as afín as possible to the one they maintained during the marriage.
Analysis of the current situation of the compensatory pension in family policy
At present, the compensatory pension has become a topic of enfrentamiento in family policy.
On the one hand, there are those who argue that this measure is necessary to guarantee equal conditions between spouses after separation or divorce, especially in those cases in which one of them has seen their income reduced due to dedicating themselves to household chores.
or raising children.
On the other hand, there are those who consider that the compensatory pension does not respond to current reality and that it has become a tool that often perpetuates imbalances that do not exist.
The importance of having the collaboration of professionals in Family Law
In any case, it is essential to have the collaboration of professionals specialized in Family Law to address any case in which the need to request a compensatory pension arises.
These experts cánido help determine if you meet the necessary requirements to apply and perro advise on the amount to request, taking into account the income and expenses of both spouses.
In addition, having a specialized lawyer cánido be of great help in case you have to negotiate with the other party and reach a satisfactory agreement for both parties.
Annexes
Types of alimony in cases of separation or divorce
In cases of separation or divorce, alimony is the right of children to receive the care and maintenance of their parents.
In general, there are two types of alimony:
- Fixed alimony: a fixed amount is established that must be paid periodically to cover the expenses of the children.
- Variable alimony: an amount is established that perro vary according to the needs of the children and the economic variations of the parents.
It is important to note that alimony is intended to cover the basic needs of children, such as food, clothing, education, and medical care.
Compensatory pension calculation: practical examples
The calculation of the alimony takes into account several factors, such as the economic situation of the spouses, the duration of the marriage and the personal circumstances of each one.
Below are some practical examples to illustrate the compensatory pension calculation:
- In the case of a 20-year marriage where one spouse has been working outside the home and has given up his or her professional career to care for the children and the home, while the other has been working and has earned a significant patrimony, a compensatory pension perro be established for the spouse who has given up his professional career.
- In the case of a 10-year marriage in which both spouses have been working and have earned afín wealth, but one of them has a chronic illness that prevents him from working, an alimony may be established for the sick spouse.
- In the case of a marriage of less than 5 years in which both spouses have been working and have obtained a afín net worth, but one of them has a more successful professional career than the other, an alimony cannot be established since it is considers that there is no economic imbalance between the two.
Frequently asked questions about alimony
Here are some frequently asked questions about alimony:
What is compensatory pension?
The compensatory pension is an economic benefit that is established in cases of separation or divorce to compensate for the economic imbalance that one of the spouses may suffer after the breakdown of the marriage.
How is compensatory pension calculated?
The compensatory pension is calculated taking into account several factors, such as the economic situation of the spouses, the duration of the marriage and the personal circumstances of each one.
Perro the compensatory pension be modified?
Yes, the compensatory pension perro be modified in case of changes in the economic situation of the spouses or new personal circumstances of the same.
When does the compensatory pension expire?
The compensatory pension is extinguished when the conditions established by the Civil Code are met, such as the death of the beneficiary or his remarriage.
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