Aproximación al régimen jurídico español de la pensión compensatoria por desequilibrio económico de un cónyuge tras la ruptura del matrimonio: análisis legal y jurisprudencial
Approach to the Spanish legal system of the compensatory pension for economic imbalance of a spouse after the breakdown of the marriage: legal and jurisprudential analysis

Summary/Abstract: In the Spanish legal system, as in most Western countries, the so called compensatory pension has been established, being one of the legal consequences of economic marital breakdowns, which involves the payment by a spouse to the another a fixed or periodic amount, for a specified time or for life. It is not a maintenance pension, since what this pension requires is that the ineffectiveness of the marriage generates an economic imbalance in one of the spouses who are supposed to suffer from a situation of inferiority with respect to the level they enjoyed while they were married. It is specified that the pension be requested by one of the spouses, or by one of them with the consent of the other, during the judicial process of separation or divorce, if it has a contentious nature, or also, agreed by both in any of the other forms of rupture by mutual agreement, through the courts or notaries. The figure has undergone constant modifications in Spain, both in legal and jurisprudential ways, taking into account that the Courts of Justice have been adapting the legislation established in 1981, which has resulted in recent legislative alterations that give the figure of older dose of justice and equity. In the early days, when in marriages celebrated one of the spouses was the one who used to contribute the economic amounts and the other was dedicated to domestic tasks, the compensatory pension was established, usually for life. However, the incorporation of women into the world of work and the shorter duration of marriages have introduced changes that usually assign a temporary nature to the compensatory pension or it is a lump sum.

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