What is alimony?

The Spanish Civil Code recognises the legal obligation of parents to provide maintenance and basic care for their children. This is what we know as alimony or maintenance. Under this premise, in today's article we will focus on resolving the most frequent doubts on this subject, such as what it includes and how it is calculated.

What is alimony?

We can define alimony as the economic contribution you must make to cover your children's expenses. To be more specific, this maintenance will be paid by the parent who does not have custody of the children, with the aim of collaborating with the upbringing of the child despite not being in their company.

What is included in the maintenance allowance?

The content of the maintenance allowance is described in article 142 of the Civil Code, including both ordinary expenses and extraordinary expenses.

Ordinary expenses are those that are foreseeable and that are generated periodically, among which are the costs of housing and supplies, food, clothing, education, medical and leisure expenses.

Extraordinary expenses, on the other hand, are those that are neither foreseeable nor regular, but are generated occasionally, such as, for example, a specific medical intervention or the need for orthodontics.

How is it calculated and where is it collected? 

The amount of alimony is set in the separation or divorce agreement signed by the spouses, or in a court decision, depending on the particularities of the case.

The Civil Code does not explicitly determine the amount of maintenance to be paid. However, there are criteria that are taken into account to set this amount. According to the doctrine of the Supreme Court, the economic capacity of the parents and the real needs of the children must be taken into account, in accordance with the principle of proportionality. However, other factors such as the number of children, the child's place of residence, and any other special circumstances affecting the child's health or education may also be taken into account.

Likewise, depending on the Autonomous Community where the child is located, different amounts will be established, depending on the cost of living in each place.

Differences between alimony and maintenance:

Maintenance is not to be confused with the concept of alimony. When we speak of alimony, we are referring to the right of minor children (or children who are of age but still economically dependent), whose interests are specially protected by our legislation.

Compensatory alimony, on the other hand, is fixed in favour of the spouse when, after separation or divorce, he or she is left in a situation of economic inequality. In this way, the spouse who is left in a worse economic situation compared to the situation he or she enjoyed during the marriage, is recognised the personal right to receive a compensatory pension to mitigate the effects of having been placed in a position of inferiority compared to that resulting for the other spouse.

If you are involved in such a situation and do not know how to act, contact us.