When couples separate or get divorced, many of them are unaware that the separation or divorce may require one partner to pay a certain amount of money to the other in an effort to mitigate or compensate for the financial imbalance caused by the breakup.
The Civil Code of Catalonia provides for financial compensation based on work (Article 232-5 CCCat). This type of compensation applies in cases where it is proven that one of the two spouses has contributed substantially more to the household than the other (separate property regime). To this end, it must be demonstrated that there has been a considerable increase in net worth.
How do we determine the amount? In this case, to figure that out, we must take into account the duration and intensity of the commitment, as well as the number of years lived together. If one of the two partners has devoted more time to caring for the home—including raising the children—this factor will also be taken into account in determining the amount of compensation to be awarded.
The calculation of financial compensation based on work shall be limited to one-fourth of the difference between the increases in the spouses’ net worth (Article 232-5.4 of the CCCat).
It is important to know that both parties may enter into an agreement in anticipation of a separation, stipulating that, in the event of a separation or the dissolution of the marriage due to death, the financial compensation for work may be increased, reduced, or eliminated.
How is it paid? This compensation is generally paid in cash, unless both parties agree otherwise. In very exceptional cases, and if a judicial authority is involved, it may be determined that the compensation be paid in whole or in part with property.
The fact that a spousal support payment is agreed upon based on employment is not incompatible with any other financial rights to which the receiving spouse may be entitled. Please do not hesitate to contact us if you find yourself in a similar situation.
Anna Nicolàs Torán
Attorney Specializing in Family Law
MC Abogados
