Many couples, when separating or divorcing, are unaware that the fact of separating or divorcing may mean that one of the partners must pay a certain amount of money to the other to try to mitigate or compensate for the economic imbalance caused by the breakup.
In the Civil Code of Catalonia we find the economic compensation for work (article 232-5 CCCat). This type of compensation is given in those cases in which it is accredited that one of the two members has worked in the house substantially more than the other one (regime of separation of goods). For this, it will have to be demonstrated that there has been a considerable patrimonial increase.
How do we determine the amount? In this case, to find out, we will have to take into consideration the duration and intensity of the dedication, in addition to the years of cohabitation. In the case that one of the two members has dedicated more time to the care of the house and this includes the upbringing of the children, this factor will also be taken into account to determine more or less amount to compensate.
The calculation of the economic compensation for reasons of work will have as limit the fourth part of the difference between the increases of the patrimonies of the spouses (article 232-5.4 CCCat).
It is important to know that both parties can make some agreement in anticipation of the breakup in which it is agreed that, in the event of the breakup or dissolution of the marriage due to death, the financial compensation for work can be increased, reduced or eliminated.
How is it paid? The form of payment of this compensation is mainly in money, unless both parties agree otherwise. In very exceptional cases, and if there is a judicial authority, it may be established that it be paid in whole or in part with property.
The fact that an economic pension is agreed for work reasons is not incompatible with the other economic rights that may correspond to the spouse who receives them. Do not hesitate to contact us if you find yourself in a similar situation.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
