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Alimony in Spain

September 24, 2014

Alimony in Spain is a financial payment made by one of the spouses to the other following divorce. Alimony payments to ex-spouses are far less likely to be awarded than awards in favour of children.

The basic rule is that alimony should only be awarded where one of the spouses is clearly disadvantaged economically as a result of the divorce. It would typically be awarded where one of the spouses owns a company or is a professional with a reasonably large income and the other spouse has foregone a career to raise the children.

 

Relevant Factors

Factors that are relevant to the award of compensation are the ages of the spouses, their health, and the professional status of the spouse requesting the award as well as their possibilities in general with regard to finding work, the duration of the marriage and the means of income of both spouses with regard to their necessities.

It would seem that key to an award of alimony is evidence that one of the spouses has foregone the possibility of a career in order to dedicate that time to looking after the children. In a Supreme Court case decided in 2011, the court found that no alimony payment was due to the ex-wife as she had been able to develop her career without interruption during almost 23 years of marriage.

The court stated that it was not proven that her lower professional qualification, which was the cause of the difference in the ex-spouse’s salary, was a direct consequence of the marriage.

Objective of Alimony Awards

Furthermore, the court said, the objective of any award is to remove this disadvantage and not ‘to guarantee maintenance for life, preserve the lifestyle to which the spouse had become accustomed or to equalise the wealth of the couple, because the award is not concerned with parity or absolute equality between the parties’.

In this particular case, the Court concluded that the right to receive an alimony payment did not arise given that it is incorrect to consider established the need for compensation due to the mere existence of a situation of economic disparity as a result of the difference in salaries.

In the hearings, the appellant emphasized that the marriage had not acted as a restraint on the career of his ex-wife who became no longer ‘dependent’ after finding employment and obtaining a qualification in Labour Relations.

In this sense, the decision of the court was that it did not consider it logical to state that the wife is ‘the one who has left the marriage more economically disadvantaged with respect to the situation beforehand’.

 

Calculating Alimony Awards

In terms of the amount awarded, it is difficult to be precise but the awards to date would tend to vary between 15% and 40% of the salary of the spouse with the higher income. Payment is normally made by bank transfer and is adjusted each year according to the inflation rate (IPC).

The award may be made for life or for a period of years after which payments will cease. Should the economic situation of either or both of the spouses change however, then the award may be changed by an application to the court.

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Filed in: Divorce in Spain

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