What is compensatory pension?

Compensatory pension is a economic benefits Which one do you choose? After a divorce or separationAnd it is aimed at the financial stability of couples who are affected by the economy after they embark on different paths. That is, if after the dissolution of the marriage, one of the parties suffers. Economic disparities related to the position experienced with the other spouseThis pension makes it possible to restore the economic balance that was affected in relation to the position of the other members of the couple and, worse, in relation to what they received at the time of the marriage.

need

When we know what compensatory pension consists of, which is established in Article 97 of the Civil Code. The next step is to know. Conditions for receiving it.

1. he economic imbalance must happen specifically in any one spouseThat is, the other party still has a good economic position, which is far from the new situation faced by the other member of the current former couple.
2. That said, married couples have experienced The economy is clearly in recession. Compared to the situation he encountered during their marriage.
3. The pension must be Requested by a member affected by the couple.never by a judge

Calculation method

Circumstances vary with each separation or divorce. Therefore, specifying the exact amount is a difficult task. What is added is Lack of size To determine the amount of compensatory pension in our law.

Taking into account the circumstances given in each case. The amount is determined by a Agreement between spousesAnd if it doesn’t happen, court decision will determine the amount of money to be received This amount can be determined in two ways: a specific number or a percentage of the payer’s income.

Can you accept it for the rest of your life?

A question that is often asked is whether it is a benefit that can be enjoyed or not. For life?If it’s the opposite, it’s something temporary.

The answer lies in what the two sides set out in the regulatory agreement. If there is no agreement between them, then it is the adjudicator who enters the court deciding in each case whether the financial amount should be paid indefinitely or for a specified period of time. But this last trend is relatively new because at the beginning Compensatory pensions are not time-limited.. Currently, the normal thing is that it is time to receive such a pension. It ends when economic imbalances are considered to have been overcome.Be financially independent enough to be able to do without this help.

Factors to consider

When determining the origin, amount and duration of compensatory pensions The couple’s previous living together This is an important issue that must be evaluated.

But there are also determining factors. Dedication to familyat Cooperation with the activities of other members of the spouses and the regime. (marital property or separation of assets) established to control the assets of a married couple

Compensatory pension modification

This pension You may experience some changes. In the case of an agreement between former partners, provided that it was voluntarily established in a regulatory agreement.

However, if a compensatory pension has already been established through court decisionsIt is necessary Certification of significant changes to assets

Are widow’s pensions and compensatory pensions compatible?

We may find ourselves facing situations where Periodic benefitsIn this case, if the payer dies, the beneficiary will receive it. Widow’s right to pension As a result of the economic loss resulting from no longer receiving compensatory pensions from the other spouse.

However, the situation changes if A. instead receives benefits in installments. One time payment. From this situation, the beneficiary There will be no right to a widow’s pension.This is because there is no further obligation when such payment is made before death.

End of benefits

As explained earlier The pension may not last until that level. extinction When something The truth that makes the economy better of the affected spouse after separation or divorce, for example, where re-entry into the labor market leads to the termination of this benefit. The same is true for creditors who remarry or begin a marital union with another person. or retirement occurring

It can still happen. Changing from an indefinite compensatory pension to a temporary pensionThis occurs, for example, where the beneficiary party does not express an intention to return to work. without reason that would make such work impossible