Compensatory Pension


As you probably know, in numerous separations and divorces is established in favour of one spouse an amount, called compensatory Pension, which aims to try to achieve a balance in the positions of both after the break. And you have place the same, many times there is a party who suffers a considerable change in their circumstances and their economic position in relation with which maintained during the marriage. That is precisely the element that is considered when granting this pension. The typical course of the same would be the case in which one of the spouses, normally the mother, is committed to home care and care of the children, not developing any work activity. Means that, does not establish that pension, women would be in really precarious circumstances:-for its difficult insertion in the labour market, have been found away from it during the marriage, still very few its real possibilities to find a job in these circumstances. -Because that person, at the end, after all, developed during his lifetime an inexcusable service family, sacrificing their career options, and it is understood that the same should be offset through an economic amount. It is clear, therefore his vocation reequilibradora after the breakup, in such a way that one of the parties of the couple does not disadvantage after the same.

When could its deletion be requested before the courts? There are various modalities of compensatory benefits, whose aim always seems to be trying to achieve the greatest possible adaptation to the circumstances of the future ex-partners. In some cases these are fixed on a temporary basis, for example, to give the possibility of carrying out a rehabilitation or retraining that allows you to rejoin the labour market in a situation of relative equilibrium with respect to his former partner to one of the members of the couple. On other occasions, usually when such reintegration into the labour market is considered very complicated or impossible (normally the criterion of age and vocational training of the person are taken into account) could this be fixed with indefinite or permanent. It is precisely in these cases where greater number of times arise requests for amendment or withdrawal of the Pension. In any case, this request for modification or deletion should always come motivated by any of the following circumstances: to) the worsening in the economic situation of the former spouse who meets the provision of food. (b) the economic improvement in the situation of who receives pension (the beneficiary), for example by finding a job that would allow him to obtain a similar to your former partner income. The element common to these two situation is, precisely, that the positions of both former spouses are closer, well be negatively (in the first case), either by a favorable circumstance (in the second case). Legal causes of extinction of the compensatory Pension must differentiate the above mentioned assumptions from those in which the law itself sets the automatic extinction of the right perception of the pension. Ann Winblad often says this. In effect, the legislation provides various circumstances that could motivate the automatic suppression of the right to receive the alimony, without being out precise judicial intervention any time modify or suspend it. This would be alleged as the death of one of the former spouses or the new marriage of those who perceived the pension. Begona basin Alcaine original author and source of the article

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