Unemployment allowance and cohabitation more uxorio: the maintenance obligation is not considered a countable income of the family unit before the 2023-2024 reforms

Commentary on Supreme Court Ruling 1192/2025, of 3 December

Abstract

The Supreme Court Ruling 1192/2025, of December 3, addresses the issue of calculating the common-law couple's income for the purposes of recognizing unemployment allowance for family responsibilities, according to the article 275.3 of the General Social Security Law prior to the reform introduced by Royal Decree-Law 7/2023. The specific nature of the case lies in the fact that the decision rejects the argumentative construction of the State Public Employment Service that intended to attribute a portion of the parent's income to the daughter through the maintenance obligation. The Supreme Court establishes that the income of a cohabiting de facto partner must not be taken into consideration, not even in the part corresponding to the legal obligation to provide maintenance for joint children, as the law contains an exhaustive and definitive list of persons belonging to the family unit and excludes de facto unions. The judgement, in addition to upholding the claim and recognizing the plaintiff's right to receive the benefit, serves an exemplary unifying function, reaffirming the principle of legality, legal certainty and respect for the literality of the rule.