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Is there an indefinite compensatory pension in case of divorce?

Analyzing the compensatory pension recognized in a divorce, our Supreme Court has come to recognize the indefinite nature of the compensatory pension in favor of a wife, taking into account the age of the woman, the duration of the marriage, valuing that she is the person who took care of the family and children, because by age, it will be extremely difficult for her to access the labor market.

The case law that has interpreted the rule of article 97 of the CC states that the temporary nature of the compensatory pension can only be adopted on the basis of a prospective judgment that allows with a certain degree of certainty that the lost balance will be restored during that time.

In the case analysed in the case law, the wife's age was 54 years and her lack of training did not make it foreseeable that the imbalance would be removed in years.

According to the doctrine, the establishment of a time limit for its perception, requires taking into account those circumstances among the factors listed in Article 97 CC, having the dual function of acting as integral elements of the imbalance, as far as possible according to the nature of each of the circumstances.

This temporary establishment is determined by the concurrence of the same, by acting as an element that will allow the amount of the pension to be fixed, which allows the suitability or aptitude of the beneficiary to overcome the economic imbalance in a specific time to be assessed and to reach the conviction that it is not necessary to prolong its perception further in the certainty that it will be feasible to overcome the imbalance, all based on a prospective judgment for which the judicial body must act with prudence and weighting.