A woman has not managed to maintain the compensatory pension of more than 900 euros that she claimed after her divorce, after the Provincial Court of A Coruña confirmed that she only has the right to receive 300 euros per month, which will be revalued with the CPI. The Court dismisses both her and the challenge of her ex -husband, who requested to extinguish her, and explains that the compensatory pension must attend to the economic imbalance derived from marriage, without causing a situation of advantage for the wife against the one forced to the payment, as regulated by the Civil Code.
It all started when the couple married in 1976 under the marriage regime and formed a home with three children. For more than 20 years, the wife dedicated himself exclusively to the family, remaining in leave since 1985 to take care of the home and children, while he worked as an architect with income of more than 7,000 euros per month.
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After separating in 2001, a compensatory pension of 602 euros, which was updated years later by the audience until 915.36 euros was set in favor of the woman. Despite this, in 2024 the ex -husband went back to the courts requesting their reduction or extinction, claiming that his retirement had significantly reduced his income.
He had to stop working to be in charge of the family
The ex -wife, not being as he presented a resource defending the need to maintain the pension in her original amount, claiming that during the years of marriage “she lost more than 15 years of professional development by being in a situation of leave due to the care of the children” and that, because of this, his retirement pension stayed in the 1,223 euros is much lower than the one that would have corresponded to having contributed continuously. In addition, he explained that “it would persist, even to a greater extent, the economic imbalance generated by separation” and that it continued to face the care of a sick and incapacitated child to work.
For his part, the defendant denied that this imbalance existed and requested the suppression or, failing that, a reduction in compensatory to 100 euros for a year. He explained that his income had dropped with retirement, charging about 3,634 euros per month compared to the 7,731 euros he received when the pension was set in 2001.
According to the sentence, the ex -husband claimed that “the wife’s substantial improvement would be accredited from the separation and worsening of him”, remembering that she returned to her position as a nurse in 2006, perceived for years a salary and then a pension, in addition to having received part of the inheritance of her parents and benefiting from the liquidation of the property. He also argued that for decades he took over the ordinary and extraordinary expenses of the three children.
Right to pension, but only 300 euros
Given the lack of agreement, the conflict ended up resolving in court. The Court of First Instance No. 15 of A Coruña had already considered that there was a substantial change of circumstances, although not sufficient to extinguish the pension, and reduced it to 300 euros per month.
The Provincial Court confirmed this criterion, recalling that the compensatory pension “does not have a food purpose but rather of rebalancing compensation of the imbalance” and warning that it cannot generate “a contradiction that the former spouse obliged the payment is in worse economic situation than the beneficiary”