The Court of First Instance and Instruction number 3 of the Malaga town of Vélez-Málaga has recognized a divorcee who is compensated with 204,624.86 as compensation for the work in the home and the care of the children carried out during the marriage.
In the sentence, the divorce and a series of measures are declared, including compensation for the domestic work of the woman during the marriage, the regime of separation of assets being in force, since she carried out all the household tasks “exclusively” and the care of the two daughters in common.
The lawsuit urged recognition of said compensation, since while the woman “was deprived of any possible career path due to this exclusive dedication to the home and family”, the man, “throughout the years of marriage accumulated and increased her assets exponentially”, without this resulting in an increase in hers.
The judge points out that the compensatory pension is calculated according to the Minimum Interprofessional Salary (SMI) in force in each year elapsed since the couple got married. She also understands that said compensation refers to “a personal right of the spouse who, as a result of the separation or divorce, suffers a deterioration in their economic situation compared to the one they enjoyed during the marriage and in relation to the position of the other spouse.” . The couple married on June 23, 1995 and it was in 2020 when the separation occurred.
The sentence states that the 48-year-old woman has been dedicated to caring for the home and her daughters, “with all that this implies, contributing punctually to family businesses” where she sometimes did cleaning work.
The judge explains that although the husband’s representation says that he was compensated with the transfer of part of the shares of a company, “there is no evidence that said transfer was made to compensate it in the event of the breakup of the spouses.”
In the sentence, which is not final and can be appealed, it establishes, in addition to compensation, alimony and that each spouse is responsible for certain housing expenses and half of those that are generated in an extraordinary way. A compensatory pension is also set for two years, time that is considered “adequate” for her to be able to join the labor market.
In fact, according to the lawyer who handled the case, Marta Fuentes, from the Gentius Abogados law firm in Torre del Mar, in Vélez-Málaga, once the woman was separated, she finished ESO for people over 18 years of age and started several training courses Although he currently has health problems.
Fuentes has been satisfied with the resolution because “it represents a recognition of the work of all the women who are in the shadows despite the fact that they are a fundamental support in the couple.” She has lamented that many of these women are left “in precarious situations and with little chance of accessing the labor market given their exclusive dedication to the family and, for the most part, to their husbands’ businesses.”
“Without a doubt they deserve not only the recognition, but the quantification of that work without which that heritage would not exist,” said the lawyer, who has stressed that the woman since she has separated has finished ESO for people over 18 years of age. and has started several training courses.
The sentence is not final but from Gentius Abogados they hope “that if this sentence is appealed it will be ratified in its entirety by the Provincial Court of Malaga in order to add to the already existing jurisprudence in this regard until its total consolidation and normalization”.
