The Supreme has returned to mark limits on the granting of an "indefinite" compensatory pension after a divorce considering that it is necessary to analyze whether the member of the aforementioned partner has ability - for age, training, health and children - to achieve their own income in the future.
Establishes these limits in a judgment issued at the end of November in which it partially estimates the appeal of a man who must pay his ex-wife a compensatory pension of 1,000 euros per month for five years, and not 2,000 euros indefinitely, as He had fixed the provincial audience of Madrid.
The man assumed that his ex-wife, who had stopped working to dedicate himself to the family, was entitled to a compensatory pension - added to the 2,000 euros of the food pension for the two children who stayed under his custody - but questioned Both your amount and that it was indefinite.
The Supreme gives him partly reason. First because the audience did not take into account that, before the divorce, the couple had already been distributed a bank account and the woman had received more than half a million euros, and that remained to be liquidated by real estate for a value close to one million euros .
But he also stressed that the woman had no advanced age (49 years in presenting divorce demand), he was licensed in Economics and Bilingual in English and was not sick or had a disability, as the sidelines were an age that each They demanded less care.
"It is not utopian that you can do without pension and get your own economic income, manage your opportunities autonomously and become economically independent from who your husband was," says the High Court.
Although she alleged that her training and her level of English had become obsolete, the court believes that they are susceptible to update to adapt them to the labor market and also highlight that it had paid jobs until 2006.
The Supreme considers therefore an indefinite and fixed pension for a period of five years, "coherent with the duration of marriage coexistence", 19 years old.
And reduces the amount of that pension in half, remembering that the revenues of the husband - who had worked abroad for Banco Santander - were considerably reduced upon returning to Spain and that the other expenses imposed on the divorce sentence were very Elevated: the food pension of 2,000 euros and the expenses of the private education of the children, for an amount of 1,800 euros per month.
By presenting divorce demand, the woman had claimed that the food pension was fixed at 6,500 euros and the compensatory, at 2,500.
The man then proposed to stay with the guardian and custody of the children, a food pension of 500 euros and no compensatory.Date Of Update: 08 December 2021, 08:06