The importance of the successful circumstances in the economic imbalance as a cause of the extinction of the compensatory pension

Abstract

The purpose of the compensatory pension is to place the spouse harmed by the breakdown of the marriage bond in a situation of potential equality of opportunities to which he would have had if the marriage had not mediated, for this reason it is necessary to take into account the circumstances that occurred after the marriage. rupture that rebalance their situation. The supervening circumstances that suppose the passage of a situation of imbalance to an increase of the economic level in the disadvantaged spouse, make possible the necessary extinction of the pension, by its own foundation, although it is not explicitly indicated in the Civil Code. The fact of receiving an inheritance is a circumstance that, in principle, is not foreseeable, but unexpected, capable of favorably influencing the economic situation of the beneficiary or creditor of the pension, and, as such, determining its modification or extinction. However, it may not extinguish the compensatory pension, but it can reduce it.