Alimony
lawyers in spain

Alimony is the amount to be paid by one of the spouses in favor of the other one following divorce. It can be agreed in the parenting plan or convenio regulador in the case of an agreed divorce or established by the judge in the divorce sentence in the contested divorce.

In Spain, alimony payments granted to ex spouses are less common than children´s alimony.

In most cases spouse´s support should only be granted  when one of the parties is  in a clear economic disadvantage due to the divorce.

A good example would be the case in which one of the spouses own a business or has a professional career and the other spouse has resigned a career to raise the family

Relevant Circumstances to grant Alimony

The  ages of the spouses, their health, the duration of their marriage and the career status of the spouse requesting the alimony, along with the possibilities to find work and their necessities, as well as if the wife has resigned to the possibility of a career to take care of the children.

Purpose of granting Alimony

The Supreme Court ruled in 2011 that the aim of any alimony is to eliminate the disadvantage which may have caused to the spouse who took charge of the care of the children, and not to guarantee maintenance for life, or to preserve the lifestyle to which the wife has become accustomed.

Calculating Alimony

The amount to be awarded can vary between 15% and 40 % of the earnings of the spouse with the higher income. The payments are usually adjusted on a yearly basis, according to the inflation rate known as IPC. If the financial situation of any of the spouses change, the alimony may be changed upon request by filing a petition to the court.

Should you need legal advise or to be represented to file for Alimony in Court, contact our Law Firm and a lawyer will contact you soon.

 

 

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