Maintenance and Termination of Maintenance in Spanish Law

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Maintenance and Termination of Maintenance in Spanish Law

Unread postby Admin » Sun Jan 12, 2014 4:45 pm

Maintenance and Termination of Maintenanace in Spanish Law
(1) In cases where one of the spouse’s financial situation has been impaired as a result of the divorce or legal separation and, in the cases of nullity of marriage, the bona fide spouse only, shall be entitled to receive maintenance from the other spouse. Maintenance shall not exceed the standard of living that the couple led during the marriage, nor can the standard of living the spouse obliged to make the payment afford to maintain.
(2) In order to assess the maintenance awards, the judicial authority shall take the following into consideration:
(A) The resulting financial situation of the spouses as a consequence of the nullity of marriage, the divorce or the legal separation, and the economic prospects for both spouses.
(B) The duration of the marital life in common.
(C) The age and health of both spouses.
(D) In cases where it applies, the specific economic compensation governed by Article 41.
(E) Any other significant circumstance.
(3) Maintenance shall be reduced if the situation of the person who is entitled to receive such an award improves, or if the situation of the person obliged to pay it worsens.
(4) Upon request of one of the parties, the decision may establish the relevant measures in order to ensure the payment of the award and may also establish objective and automatic criteria for updating.

Termination of maintenance
(1) The entitlement to receive maintenance shall terminate in the following cases:
(A) When the financial situation of the creditor spouse improves in such way that maintenance is no longer justified, or when the financial situation of the spouse who is obliged to pay it worsens in such way that the payment is no longer justified.
(B) When the spouse entitled to maintenance remarries or cohabits matrimonially with another person.
(C) When the spouse entitled to maintenance dies or is declared dead.
(D) When the period for which the payment of maintenance was established has elapsed.
(2) Maintenance shall not terminate with the death of the debtor, although his or her heirs may claim a reduction or the exoneration thereof, if the profitability of the inherited assets is not sufficient to pay maintenance.
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