It is very common that after the celebration of marriage, one of the parties, usually the woman, abandons her job and her work obligations to dedicate herself fully and exclusively to caring for the family and home, while the other party continues developing their work and advancing professionally, which is combined with family life.
As a consequence, after the breakup of the marriage, the party that has dedicated itself fully to caring for the family finds itself in an unbalanced situation, since it usually happens that it lacks professional experience as well as the right to any help or subsidy. given that he has not developed any professional activity that entitles him to it, To try to balance both positions, our legislation contemplates the so-called compensatory pension.
The purpose of the compensatory pension is to compensate for legal damage, which is the economic imbalance that has generated the breakdown of the marriage, without it being considered a balancing mechanism for the economies. The compensatory pension is therefore the right that arises in favor of the spouse due to the economic imbalance that the breakup of the marriage has generated, with respect to the economic level of the other spouse.
To establish the amount and duration of the compensatory pension (since a lifetime pension will only be established exceptionally), many factors must be taken into account, including the duration of the marriage, the age of the spouses, the academic level of both, dedication to family, etc. In any case, it is the judge who will determine its origin or not and its amount and duration.
Therefore, if you find yourself in a similar situation, it is of great importance to have correct advice on the possibility of obtaining or not a compensatory pension, after studying all the circumstances in the case. Given this, do not hesitate to contact us, our first visit being completely free.
