The Alimony

The court sets spousal support to repair the economic imbalance that the marital breakdown can cause with one of the spouses. The pension is set up to compensate, for example, the dedication of one spouse to homecare and to their family for the entire duration of the marriage or partnership. The amount of the pension is fixed by the judge on the basis of the income and property of the person to satisfy.

In some European countries, there is not any tariff that the judge must comply with when determining spousal maintenance. Therefore, the judge can set a specific amount according to his or her sole discretion, within the range of the law. Also, there is no time limit, but its duration will depend on the duration of cohabitation and the recipient's ability to obtain their own financial resources to place them at a standard of living similar to that enjoyed during marriage. Thus, the recipient's work does not lead, in principle and automatically, to their extinction.

The alimony is sought in the divorce procedure when the perception of the spouses is not compatible with the maintenance payments. Therefore, the procedures for provisional measures shall be fixed for the disadvantaged spouse, the alimony being replaced by the alimony in the decree of separation and after the processing of the due lawsuit.

You can obtain the alimony established in the decree of separation in the procedures for divorce, but if it is not recognized in the separation procedure, it does not remain valid after the divorce.

The amount stated in the decree of separation is updated every year according to the change in the Consumer Price Index published by the National Institute of Statistics. The amount of the pension can be modified in court in cases where the beneficiary can improve or worsen their economic situation. These same circumstances may also lead to termination of alimony.

For its part, the liquidation of community property after separation or the divorce proceedings lead to the extinction of the board unless it concurs with a change in the economic circumstances of the obligor or the assets seized after settlement produce a return to overcome the imbalance that led to its establishment.

The non-payment of alimony, like that of child support, can result in the commission of a crime of family abandonment, which is punishable by imprisonment from 3 months to a year or a fine for 6 to 24 months.

It is always advisable to obtain the advice of a lawyer who, in view of the peculiarities of each case, will inform you whether to initiate the appropriate legal action for the pensions divorce or not.