EL DESEQUILIBRIO ECONÓMICO EN LA PENSIÓN COMPENSATORIA Y EL RÉGIMEN ECONÓMICO-MATRIMONIAL. CUESTIONES JURISPRUDENCIALES.

Abstract

Whether a married couple has made their economic arrangements under a joint property regime or separate property regimes is not a factor that in itself entitles either spouse to compensatory payment. The right to compensation arises only if separation or divorce causes an imbalance, although the couple's property regime should be included among the parameters used to decide on the imbalance issue. To determine whether there is an economic imbalance making compensation necessary, account must be taken of the time each spouse spends on the family and helping out with the other spouse's activities, the property regime the spouses have been using (insofar as the regime might offset certain imbalances) and the spouses' situation prior to marriage.