The Supreme Court establishes doctrine on the dispositive nature of a compensatory pension agreed upon in a regulatory a
Публикувано на: 04 Дек 2023, 07:17
The Supreme Court has established doctrine regarding the dispositive nature of a compensatory pension agreed upon in a separation agreement and has annulled a ruling from the Provincial Court of Madrid that removed the lifetime pension from an already divorced woman who had begun to receive income after joining to the labor market. She justifies it in the difference between her current economic situation and what she enjoyed during the marriage.The ruling, for which Judge Francisco Javier Arroyo Fiestas was the rapporteur, accepts the woman's appeal in the sense of confirming the establishment of the pension for life, which was established by common agreement, and the absence of supervening circumstances that have entailed a substantial alteration of those that were taken into account when it was agreed.
In this case, the spouses agreed on a pension in favor of the woman through an agreement regulating the separation in the amount of 110,000 pesetas per month in 2002 which, according to the agreement, could only be extinguished if she married or WhatsApp Number List cohabited with another man. A possible reduction would require the ex-wife to receive income greater than 60,000 pesetas per month.After the divorce, the husband requested the termination of the pension and was agreed by both the Court of First Instance number 23 of Madrid and later the Provincial Court on the grounds that the agreed circumstances had changed.
Now, the Supreme Court revokes this ruling and agrees with the wife, maintaining her right to the pension due to the existence of "imbalance in her current economic situation with respect to what she had during the marriage."It does so because it does not consider that the circumstances of the agreement have been modified "since the husband was founded on an alleged economic enrichment of the wife and not on his own impoverishment, so that the situation of imbalance initially foreseen in the agreement continued to be maintained."
In this case, the spouses agreed on a pension in favor of the woman through an agreement regulating the separation in the amount of 110,000 pesetas per month in 2002 which, according to the agreement, could only be extinguished if she married or WhatsApp Number List cohabited with another man. A possible reduction would require the ex-wife to receive income greater than 60,000 pesetas per month.After the divorce, the husband requested the termination of the pension and was agreed by both the Court of First Instance number 23 of Madrid and later the Provincial Court on the grounds that the agreed circumstances had changed.
Now, the Supreme Court revokes this ruling and agrees with the wife, maintaining her right to the pension due to the existence of "imbalance in her current economic situation with respect to what she had during the marriage."It does so because it does not consider that the circumstances of the agreement have been modified "since the husband was founded on an alleged economic enrichment of the wife and not on his own impoverishment, so that the situation of imbalance initially foreseen in the agreement continued to be maintained."