There are many types of pensions and there is a lot to know about them. Learn everything about your compensation pension so you know when you’ll receive it.
Compensation pension is economic benefit which one chooses after a divorce or separation, and whose goal is the financial stability of the spouse whose economy will suffer after the couple goes their separate ways. That is, if after the breakup of a marriage one of the two parties suffers economic imbalance in relation to the situation experienced by the other spouseThis pension makes it possible to restore the economic balance that has been disrupted in relation to the situation of the other member of the couple and which has deteriorated compared to the one they enjoyed during their marriage.
Once we know what the compensation pension consists of, which is regulated by Article 97 of the Civil Code, the next step is to know conditions for receiving it.
- He economic imbalance must be caused exclusively one of the two spouses. That is, the other party continues to be in a good economic situation, which is far from the new situation that the other member of the now ex-couple must face.
- However, the husband survived obvious deterioration of the economy compared to the situation he was in during his marriage.
- There should be a pension at the request of the affected member of the couplenever a judge.
How to calculate
In each case of divorce or separation, the circumstances are different, so determining the exact amount is difficult. Added to this lack of scale set the amount of compensation pension in our legislation.
Taking into account the circumstances specified in each case, the amount will be determined agreement between spousesand if this does not happen, then court ruling will set the amount to be received. This amount can be set in two different ways: a specific figure or a percentage of the payer’s income.
Can you get it for life?
A frequently asked question is: is it possible to get this benefit? for life orif it’s the other way around, then it’s something temporary.
The answer lies in what both parties have determined in the regulatory agreement. If there is no agreement between them, a referee enters the field of play and decides in each case whether the financial amount should be paid indefinitely or over a certain period of time. But this latest trend is relatively new because Initially, the compensation pension was not limited in time.. Currently, it is common that the period for receiving the said pension reaches its end when the economic imbalance is considered to have been overcomebeing financially independent enough to be able to get by without this help.
Factors to consider
When establishing the origin, size and timing of payment of a compensation pension the couple’s previous cohabitation This is an important issue that needs to be assessed.
But the determining factors are also devotion to family, cooperation with the activities of the other member of the couple and regime (matrimonial property or division of property) created to administer the property of the spouses.
Change in compensation pension
This pension certain changes may occur in the case of an agreement between a former partner, provided that it is voluntarily established in a regulatory agreement.
However, if the compensation pension is established By the tribunal’s decisionit is important accreditation of significant changes to assets.
Are widow’s pension and compensation pension compatible?
We may find ourselves in a situation where periodic allowancein this case, in the event of the death of the payer, the beneficiary will have entitlement to widowhood pension as a result of economic loss incurred as a result of the termination of receipt of the compensation amount from the other spouse.
However, circumstances change if, instead of periodic benefits one-time payment. In this scenario, the beneficiary will not be entitled to receive a widow’s pensionsince there is no further obligation if said payment is made before death.
End of advantage
As explained earlier, the pension may not last long after reaching its extinction when certain fact that improves the economy spouse affected by separation or divorce. For example, reintegration into the labor market results in the cessation of the benefit, as well as the creditor’s remarriage or cohabitation with another person or retirement.
This can also happen transition from an indefinite compensation pension to a temporary one. This will happen, for example, if the beneficiary party does not express any intention to return to work without any apparent reason that would make the specified task impossible.