A NEW PERSPECTIVE ON SPOUSAL SUPPORT.

Abstract

Spousal support is a payment made by one spouse to the other following a separation or divorce; in order for it to be awarded there needs to exist a situation of economic inequality between the spouses or ex-spouses at the time of their partnership ending, arising as a consequence of the split, and an impoverishment of the less well-off partner relative to the economic situation enjoyed during the marriage. It was included in the Spanish Civil Code by virtue of the legislative regulation of divorce passed in 1981, and the rules surrounding it have remained virtually unchanged ever since, apart from the reform introduced under Law 8 of July 2005, which did not impinge either on its configuration or its content. The incorporation of women into the labour market and their different situation with regards to marriage necessitates a rigorous and detailed study of the regulations. The characteristics of the right to spousal support are analysed, as well as the distinction between it and other similar concepts (alimony, agreed income and the compensation set out in article 1438 of the Civil Code) and the circumstances that need to be evaluated in order to determine the existence of economic inequality as a factor giving rise to a right to spousal support, its temporary or indefinite character and its amount. Finally, proposals to modify or abolish such support are analysed, taking into account certain specific circumstances such as the outcome of liquidating marital assets, the passive nature of the recipient in terms of overcoming the inequality and the inheritance of a legacy.