What do courts rule?
Spanish courts, and above all the Supreme Court, deem that it is essential that the spouse most economically weakened proves that their financial situation has worsened in order to approve alimony.
In the decision of the Supreme Court of 11 March 2009 an alimony of 2,100 euros is approved for the wife, taking into account the age (48 years), the duration of the marriage (29 years), her exclusive dedication to the family, which helped her husband focus on his job, as well as her lack of education and work experience.
What happens if my ex-partner receives a large inheritance? Can I modify alimony?
The relevant Ruling of the Supreme Court of 17 March 2014 set the doctrine that receiving an inheritance is decisive in modifying or canceling alimony on account of not foreseeable but favorable factor for the economic situation of the beneficiary or creditor of alimony.
Changes in circumstances should therefore be reviewed.
Also, the ruling of the Supreme Court of 18 March 2014 (rec.201/2012) sets doctrine that imbalance must exist at the time of separation or divorce: subsequent events may not create alimony.
I have dedicated my entire life to my family and household, does that have any impact on alimony?
It does. It will not only be considered in quantifying alimony but also if the matrimonial regime was separation of assets the article 1.438 of the Spanish Civil Code shall apply.
In the particular case of household, the ruling of the Supreme Court of 26 March 2015 (STS 1490 / 2015), reiterates as jurisprudence doctrine, that there is ‘right to obtain alimony for contributing to the burdens of marriage with domestic work in the regime of separation of property’, but to approve it ‘it is required that having agreed this regime, one of the spouses have contributed to the burden with household exclusively’, whether the other spouse had benefited from this work or not.