Compensatory pension: juridical nature and requirements for his concession

Commentary on the Supreme Court of 19 February 2013

Abstract

In the compensatory pension for the cases of divorce, it is not necessary to prove the existence of need, although the spouse most disadvantaged in the break of the relation can be a creditor of the pension though it has sufficient means to be kept for yes same. The imbalance that must be compensated by means of the pension must have his origin in the loss of economic rights or legitimate expectations on the part of the spouse most disadvantaged by the break, as a result of his major dedication to the care of the family.