Divorce Proceedings. Compensable Work

In a recent judgement handed down by the Supreme Court on 14 March 2017, the Supreme Court determined the right of one of the spouses, in the event of divorce, to be financially compensated for domestic work in the family home.

In the case under study, it is established that when one of the spouses has contributed to the burdens of the marriage with domestic work in a regime of separation of property, and has only contributed with the work done for the household, this must be economically compensated in the dissolution of the marital partnership. Furthermore, it is excluded that in order to obtain such compensation it is necessary for the other spouse to have obtained an increase in the other spouse's assets.

The Supreme Court concludes that for the right to compensation to exist, the spouse's dedication to work and to the home must be exclusive, not exclusive, which prevents the recognition of the right to compensation in those cases in which the spouse who claims it has combined the care of the home and the family with the performance of the family work. 

However, this does not exclude cases in which this dedication, although exclusive, is carried out with the occasional collaboration of the other spouse, who is also committed to the burdens of the marriage or external help, as the dedication is not taken into consideration for the quantification of the compensation, once it has been established that the necessary assumptions for its recognition have been met. 

Thus, work for the household is not only a form of contribution, but also constitutes a title to obtain compensation at the time of termination of the property regime.

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