Supreme Court

by HFCadmin ·

The husband had to pass to his ex-wife a pension of 200 euros per month. After an appeal, the Supreme Court gives reason to the husband. He says the TS women marriage served as economic rise. The Supreme Court (TS) has denied compensatory pension a woman after her divorce because he could not test is that the wage difference and less stability of your employment with respect to her husband was a direct consequence of marriage, and not their own attitudes and capabilities. The room of the Supreme Court Civil sets it to estimate the resource of the farcical against the judgment of the Zaragoza Provincial audience that set a compensatory pension of 200 euros a month for the ex-wife.

The wife worked as Assistant from 1977 to 1999 and from 2003 did as auxiliary libraries, perceiving 1.649 euros monthly income; While her husband, as a Professor of the University of Zaragoza, perceived from 2007 2,848 euros a month, as well as having other income by courses and conferences, so that the Hearing concluded that it could grant the compensatory pension. However, according to the Supreme Court, nor is it necessary to grant to the wife any economic support, to have autonomy, since he enjoys it for his work, nor nor marriage has meant a brake for its professional and economic rise since de clerk spent to develop a work as a library assistant and obtained a diploma in industrial relations. Therefore understands that the decision of the hearing of Zaragoza is contrary to the doctrine of the TS, which in 2005 set the purpose of compensatory pension is not economically equate the heritages, but achieve place to the most disadvantaged spouse with the rupture in a situation of potential equality of labour and economic opportunities that would have been not to mediate the matrimonial bond. Professional and economic ascent in addition that, even on the assumption that the purpose of the pension outside equalize wealth, amount adds granted It would cause a prejudice to the husband, already that if it is deducted from their payroll rent (530 euros per month) and food to their children (900 euros) would you to live 1.412 euros, less than his ex-wife gets paid for his work. According to the President of the Chamber of Civil judgement of the TS, of which he has been rapporteur Juan Antonio Xiol, the audience did not take account the professional and economic rise that meant marriage to wife, nor that the higher incomes of the husband were result of a greater training, prior to your link, and an additional effort with courses and conferences. It also criticizes that the hearing of Zaragoza granted this pension with indefinite, since, be declared from its fixing, should be given on a temporary basis, because the wife has qualification and income sufficient for their economic autonomy and does not have access to the labour market. Source of the news: refuse the pension to a woman because her marriage was not the cause of that win less

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