Divorce maintenance or alimony under Art. 97 of the Civil Code. Separation and divorce. Economic imbalance. Family law. Expert legal advice.

THIS week we would like to address a subject that often generates confusion and is a frequent matter of consultation in our office: the right of the spouses to receive a divorce maintenance or alimony in cases of separa­ tion or divorce. The so­called ‘compensatory pension’ of art. 97 of the Spanish Civil Code. In this article we explain the most important aspects of this alimony: when can it be claimed, how it is calculated, its duration, etc.

What does this compensation consist of?

The alimony is regulated in art. 97 of the Spanish Civil Code:

“The spouse to whom the separation or divorce produces an economic imbalance in relation to the position of the other, which implies a worsening in his or her previous situation in the marriage, shall be entitled to compensation that may consist of a temporary or indefinite pension, or in a single benefit, as determined in the regulatory agreement or in the judgment.”

In other words, the purpose of the divorce maintenance or alimony is to ‘compensate’ the spouse whose financial situation, when compared to the situation during the marriage, has worsened because of the divorce. So that the negative consequences of the divorce do not fall exclusively on the weaker spouse. This alimony must not be confused with the compensation foreseen in art. 1438 of the Civil Code or with the child support.

Main features of the Alimony

It can be of a temporary na­ ture or fixed for an indefinite period. It can also be agreed as a one­off allowance. That is, as a one­time payment. It can be agreed by mutual agreement between the spouses (in the regulatory agreement) or, if there is no agreement, by the judge (in the divorce proceedings).

It is very important to underline that this measure is not automatically decreed by the judge. The judge will only decide whether alimony is due or nor, if requested at the beginning of the proceedings. If not, it will not be possible to request the alimony afterwards.

How is this divorce maintenance or alimony calculated?

Article 97 of the Civil Code sets out a series of guiding criteria to be followed by the judge when setting the amount:

“In the absence of agreement between the spouses, the judge, in a judgment, shall determine its amount taking into account the following circumstances:

1. The agreements reached by the spouses.

2. Age and state of health.

3. The professional qualification and the probabilities of access to a job.

4. Past and future dedication to the family.

5. The collaboration with his or her work in the commercial, industrial, or professional activities of the other spouse.

6. Duration of the marriage and of the conjugal cohabitation.

7. The possible loss of a pension right.

8. Wealth and financial means and the needs of one and the other spouse.

9. Any other relevant circumstance.”

Can this compensation be extinguished or modified once it has been approved?

Yes. Article 100 of the Spanish Civil Code allows alimony to be modified or terminated under several circumstances. The spouse receiving the pension having improved his or her situation. The person obliged to pay it worsening his or her financial situation. If the beneficiary remarries or lives maritally with another person. Etc.

Does the alimony also apply to unmarried partners?

No. According to the case law of the Spanish Supreme Court, registered unions or de facto couples who break off their relationship cannot request the compensation of art. 97.

Conclusions

Divorce maintenance or alimony is one of the most controversial issues in divorce and separation proceedings. Its amount, periodicity, possible modifications and/or termination, etc.

At White­Baos Lawyers we are experts in Family Law, please do not hesitate to contact us.

Betty Henderson

THE summer season is nearly upon us and Ryanair is surging ahead. The low­cost airline is overpowering rivals including Iberia and Vueling. That’s according to the latest industry data released on Wednesday, June 15.

In May, Ryanair commanded an impressive 23 per cent of shares in the market, serving nearly 5.8 million passengers across its 12 airport bases in Spain.

According to data collected by airport operator Aena, Ryanair continues to dominate over its closest rivals, Iberia and Vueling.

Vueling saw a 14 per cent improvement in May on last year’s figures, welcoming a total of 4.1 million passengers. Meanwhile, Iberia achieved a respectable 17 per cent growth on last year’s figures, transporting 1.8 million passengers during the month of May.

Air Europa secured the fourth spot with remarkable figures, experiencing a significant resurgence. The airline welcomed 1.36 million passengers, surpassing both last year’s numbers and pre­pandemic levels. Despite potential disruptions from pilot strikes, Air Europa bosses are anticipating a busy summer.

Foreign carriers, including Jet2, easyJet, and Eurowings, also made their mark, entering the top 10 airlines during May.