A 60-year-old woman will receive a compensatory pension of 1,500 euros per month after divorcing after almost three decades of marriage. However, Justice rejected his request to raise that sum to 3,500 euros and He also did not agree to compensate her with 200,000 euros. for his dedication to family and household chores.
The decision was confirmed by the Provincial Court of Madrid. The couple had 28 years of effective coexistence under the property separation regime.
The woman had worked in the field of music, although she developed little work activity and did not contribute during the years necessary to access a contributory retirement pension.
The first ruling granted her the use of the family home and established a pension of 1,500 euros per month until her ex-husband retired. From that moment on, the benefit will represent 40% of the man’s retirement.
The ruling guarantees, in any case, that the woman earns at least 1,500 euros per month for three years after the first ruling.
Why did they refuse to compensate her for household chores?
One of the central points of the appeal was the request for a financial compensation for time spent at home and family.
Spanish legislation establishes that, in marriages with separation of property, the domestic work It can be computed as a contribution to family responsibilities and give the right to compensation when that regime ends.
In this case, however, the court considered that it was not appropriate to grant the requested payment.
The judges recognized that women had borne the greatest burden in the domestic sphere. However, they pointed out that the family had hired help on a sustained basis and not only during a period of the plaintiff’s illness.
According to the resolution, this assistance prevented it from being considered that the woman had been fully dedicated to the family.
The ruling indicated that there was no evidence that she had expressly resigned from her job to take care of the home, since she had stopped working before marriage.
For these reasons, the Audience He also rejected compensation of 200,000 euros.
Why did they keep the pension at 1,500 euros?
The woman had also requested that the compensatory pension increase from 1,500 to 3,500 euros per month due to the economic imbalance caused by the divorce.
The court recognized that this difference exists. He also took into account that the plaintiff is 60 years oldpresents health problems and it will be difficult to improve his situation with the passage of time.
However, the magistrates stressed that the compensatory pension It is not granted automatically after a separation or divorce nor is it intended to fully equalize the economies of ex-spouses.
To determine the sum, they evaluated the assets and income that the woman already has.
Her assets include a parking space that generates rental income, half of the rent on a rented home – 912.50 euros – and the lifetime usufruct of a chalet that her ex-husband had donated to her.
From these elements, The Court considered it appropriate to maintain the monthly pension at 1,500 euros and rejected the requested increase.
The ruling concluded that both members of the couple contributed to the maintenance of the burdens of marriage: she personally and he through his financial contribution.
For this reason, the judges They ruled out that the ex-husband had become unjustly enriched at the cost of the exclusive sacrifice of women.
