Compensatory Pensions

As you probably know, in separations and divorces SSUE provides for a spouse an amount called "Compensatory pension", which aims to seek a balance in the positions of the two after the break. And is that it take place, in many cases is a party who suffers a substantial change in their circumstances and financial position in relation to maintaining a marriage while it lasted. That is precisely the element to be considered when granting the pension. The typical course it would be the case in which either spouse, usually the mother, was devoted to housework and childcare common, developing a work activity. It is understood that not established that pension, she would be in a really precarious circumstances: – For their difficult integration into the labor market, have been found apart from the same during the marriage, with very few real possibilities of finding a job those circumstances. – For that person, after all, developed during his lifetime service to the family inexcusable, sacrificing their career choices, and it is understood that the same should be compensated through an economic level. Clearly, then, re-equilibrating his calling after the break, so that one side of the pair is not put at a disadvantage after it.

When can request its removal before the courts? There are various forms of compensatory benefits, aimed usually always try to ensure the widest possible adaptation to the circumstances of the future ex-partner. In some cases these are fixed temporarily, for example, to give one of the partners the possibility of carrying out a rehabilitation or retraining that will allow re-enter the labor market situation of relative balance for her ex partner. At other times, usually when one considers that the return to the labor market is very difficult or impossible (Usually taken into account the age criteria and vocational training of the person) could this be fixed for an indefinite or permanent. It is precisely in such cases where as often encountered requests for amendment or repeal of the Board. In any case, the request for modification or deletion should always come due to one of the following circumstances: a) The worsening economic situation in the former spouse who meets the provision of food.

b) The economic improvement in the situation of persons receiving a pension (the beneficiary), for example for finding a job that allowed him to earn an income similar to those of her former partner. The common element in these two situations is precisely the positions of both former spouses are approaching either a negative (in the first case) or by a favorable circumstances (in the latter case). Legal causes of extinction of Spousal must differentiate prior assumptions and those in which the Law provides for the automatic loss of right to receive the pension. Indeed, the legislation provides for various circumstances that could justify the automatic removal of the right to receive alimony, without any judicial intervention was accurate at the time of modification or suspension. These would be cases such as the death of one of the former spouses or the new marriage of whom perceived the pension. Begona Alcaine Basin.