Divorce Alimony
Alimony is financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is also sometimes called spousal support.
You should note that divorce can be processed before Spanish courts, no matter if you got married under other jurisdictions, as long as the parties (or at least one of the parties) live in Spain.
If the last common place of residence of the parties was Spain, although one of them has left, then a divorce can also be obtained in Spain.
Do I have to pay alimony to my ex?
In Spain, alimony is called “pensión compensatoria”, which translates to “compensation”. The Civil Code states that if one party is financially worse after the divorce, then he or she can claim alimony from the other spouse. In other words, whichever party is in a poor financial position after the divorce can claim alimony from the other party.
Note: Spousal Alimony is not the same as child support, so please do not get confused.
How to claim alimony?
During the divorce process, if both parties agree, they can sign a divorce agreement. In the agreement, the parties can specify the amount of alimony. If no agreement is reached, then the only legal recourse is to take legal action.
There is one primary condition that needs to be met in order to claim alimony: that one of the parties is in a reduced financial position after the divorce.
In reality, many situations arise where the woman is a homemaker and then has financial difficulties with no income after the divorce. This is a situation where an application for alimony is possible. If both parties have their own income after the divorce, or if there is not a large difference in income, then it cannot be claimed.
How much alimony can be claimed?
The Civil Code states that alimony depends on the following factors:
-The income of the other party. If the other party is not well off, then the amount will be low.
-The income of the claimant party. If the claimant has his or her own income and can support himself or herself, the court will either reject the request or grant a small amount of alimony.
-The contribution of the parties to the family in the past. If, for example, the woman has given up her job because she has to look after the children in the family and the in-laws, then the alimony will be increased.
-The length of time the parties have been married.
-The health of the claimant, employment status, etc.
All the above elements will be taken into account by the Judge when deciding the amount of alimony.
