Compensatory pension


The compensatory pension is an economic contribution given by one of the spouses to another once the marriage has ended due to an economic imbalance.

This economic attribution of one spouse to another requires that one of the spouses suffer a deterioration in their economic level with the divorce or separation compared to what they had during the marriage while the other spouse has not suffered this deterioration.

Usually this economic attribution was granted from men to women. This was so due to the fact that the woman was not in the labor market and depended exclusively on her husband.

This situation meant that when there was a dissolution of the marriage, the woman had no income and her situation worsened significantly, while the husband continued to keep his job and income intact.

With the insertion of women into the labor market, this compensatory pension that granted a credit to the wife has been reduced.

Characteristics of the compensatory pension

The main characteristics of this pension are:

  • They are born once the marital breakdown occurs, either through separation or divorce.
  • This is not a maintenance allowance.
  • It can be agreed by the spouses.
  • It can be requested by one of the spouses. Whoever believes they have a legitimate right to receive it.
  • It is a waivable right. In other words, the spouse who is entitled to receive said pension can renounce it.
  • This pension can only be established if so requested by one or both spouses. It cannot be imposed ex officio by the judge if it is not requested in the divorce or separation lawsuits.
  • The compensatory pension is established in the regulatory agreement.
  • This pension can be modified due to unforeseen causes that cause the right to this remuneration to wane. Either by economic deterioration of the debtor spouse or by improving the conditions of the creditor spouse.

The main circumstances taken into account to determine whether or not such a pension is necessary is:

  • Dedication to family and home.
  • Matrimonial economic regime chosen by the marriage.
  • Economic situation prior to marriage.

Forms of compensatory pension

There are several ways to comply with the obligation of the compensatory pension.

  1. Indefinite periodic payment: This is a monthly remuneration for life.
  2. Temporary periodic payment: This is a monthly payment on a temporary basis.
  3. Single payment: It is made only once.

For one of these modalities to be accepted and to know the amount of it, it is necessary to take into account several aspects.

  • Age and state of health.
  • Professional qualification.
  • Dedication to home and family in marriage.
  • Duration of marriage.
  • Economic needs of both spouses.
  • Pacts of the spouses.
  • Improvement of the spouse who is entitled to receive the compensatory pension.

Termination of the compensatory pension

The right to receive this pension ends:

  • Due to the economic improvements of the creditor spouse or the deterioration of the debtor spouse that makes the economic imbalance disappear.
  • For the coexistence of the creditor spouse with another person.
  • Due to a new marriage of the creditor spouse.
  • Waiver of this right.
  • Reconciliation of spouses.
  • Death of the creditor spouse. However, with the death of the debtor spouse, this obligation is not extinguished, but it will be inherited.

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