Compensatory payments in the event of separation or divorce: a misunderstood concept

When a separation or divorce proceeding begins, there are always many doubts on both sides, but one of the most common is wanting to claim compensatory compensation for having dedicated more time to the house and children, but now we will see why this type of compensation does not have this purpose.

The compensatory allowance is found in Article 233.14 of the Catalan Civil Code (CCCat) and is intended for the spouse whose economic situation is more negatively affected as a result of the breakdown of the marriage. This allowance cannot exceed the standard of living enjoyed during the marriage or the standard of living that the spouse obligated to pay can maintain, bearing in mind that the children's right to maintenance takes priority. The aim is to restore the economic balance that existed during the marriage, and consequently, it is determined monthly, with its amount based on the salary of the spouse obligated to pay.

Therefore, it is not designed to achieve economic equality between those who separate or divorce, but is simply intended to ensure that the spouse who is left in a worse economic situation during the first years after the separation or divorce (currently judges usually limit it to 3 or 4 years) can have financial support from the ex-spouse who was in a better situation.

The aim is to provide support that is limited in time, since each ex-spouse must eventually be able to support themselves and not depend financially on their ex-wife/spouse for life, although there are always exceptions, such as when the person is unable to rejoin the workforce due to advanced age.

This benefit is often confused with the economic compensation for work performed (Art. 232.5 CCCat), which is intended for cases where one spouse has dedicated themselves exclusively to raising children, caring for the home, or has worked for the other without remuneration or with insufficient remuneration. In such cases, the other spouse may be compensated for the economic imbalance caused by the separation or divorce, provided they were married under a separate property regime. This compensation is calculated based on the increases in each spouse's assets, up to a limit of one-quarter of the difference between their respective increases in assets, and in accordance with the calculation rules of Art. 232.6 CCCat.

Elisabet Gratti
Civil law, personal law, family law and inheritance law,
and hiring and negotiation