Is the compensatory pension lost in the event of a new marriage

Termination of Compensatory Pension: Implications of Remarriage or Cohabitation with Another Partner

The compensatory pension that an ex-partner receives directly is eliminated in the event of a new marriage.

Therefore, this pension would be lost the moment the former partner marries again or begins to cohabit with another person, as long as that cohabitation can be demonstrated.

The compensatory pension

It is important not to confuse alimony with compensatory support. The first is more common for the children of a common couple who has decided to end their marriage.

The second is the pension that the spouse is entitled to receive when he or she is financially dependent on the other party. In cases where the separation causes a significant imbalance for the former couple, the other party must pay compensation.

According to what is established in the article of the Civil Code, a determining aspect for a person to receive said pension is the existence of the economic imbalance that one of the spouses suffers in comparison with the other party, and that translates into a substantial worsening after separation.

In this sense, there will be no compensatory pension in the following cases:

  • When both spouses have their own assets or income to have a lifestyle similar to the one they had before the separation.
  • There will also be no compensatory pension when the divorce generates an economic imbalance between the two parties involved.
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From the above, it is clearly expressed that the economic imbalance must affect only one of the spouses to access this type of pension.

Alimony, on the other hand, is what the couple’s minor children receive and this cannot be eliminated, as is the case with compensatory alimony.

Is it possible to eliminate this pension?

Indeed, the compensatory pension can be eliminated when the person who receives it remarries or cohabits with another person. Among other things, because it follows that the new couple will be responsible for meeting their financial needs, the previous couple’s obligation to pay is eliminated.

In this sense, the article of the Civil Code expresses the following verbatim:

The right to pension is extinguished by the cessation of the cause that motivated it, by the creditor contracting a new marriage or by living maritally with another person.

When a person marries, the right to a compensatory pension is extinguished, but it also occurs, as established by the Civil Code, when he or she cohabits with another person, even if the relationship has not been formalized through the signing of a marriage or de facto couple.

Interpretation of marital Coexistence

Marital cohabitation is, however, a slightly more open concept, so its scope basically depends on the exclusive position of the Courts and Tribunals.

The two most common interpretations regarding this topic are the following:

  1. Marital coexistence is understood to be when two people live together as if it were a marriage or a de facto couple.
  2. The other interpretation goes a little further because it considers marital cohabitation when cohabitation is occasional or sporadic.
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Depending on the Court or Tribunal, the second interpretation, as long as it can be demonstrable, is more than sufficient reason to suppress the right to the compensatory pension that the person received from their ex-partner.

The reason for extinguishing that compensation is to avoid circumventing the meaning of that compensation, which is why the original precept originated.

Previously, this right was extinguished exclusively when the ex-spouse formalized their new relationship by getting married or forming a de facto couple, which is why many couples chose to live together without additional commitment to avoid losing that extra income.

With the aim of avoiding this type of ridicule, the Supreme Court with a ruling in March, established the following:

“…the reason why this reason for the termination of the compensatory pension was introduced was to avoid hiding authentic situations of coexistence with a character of stability, more or less prolonged, not formalized as a marriage, precisely to prevent the loss of the compensatory pension, since it was initially provided only as a cause of loss for the remarriage of the creditor spouse.”

Tests to extinguish the compensatory pension

To terminate the pension, it is necessary to present evidence. While this evidence may vary from case to case, some of the most common cases are to present valid witnesses, such as children, neighbors, friends, and even the testimony and more evidence presented by a private detective.

To extinguish this right, it must be demonstrated in the judicial procedure that the couple’s relationship is stable and lasting, through various evidence, including the testimonies of witnesses, whose words will be respected for their impeccable conduct as citizens.

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When this relationship cannot be demonstrated, even if it exists, the chances that the compensatory pension will be eliminated are considerably reduced.

In this sense, the reports of private detectives, testimonials, and even documentary evidence published on social networks must prove that cohabitation is considered analogous to marital cohabitation. The burden or responsibility to demonstrate that relationship falls on the party who is interested in suppressing or extinguishing the payment of the compensatory pension.

The interested party must prove in court that their former partner lives with another person, so they do not need to continue receiving the benefit paid monthly. This evidence is often difficult to find since the other party usually takes care to hide their new relationship.

In short, the ex-partner’s compensatory pension can be eliminated when he or she marries again or when it is proven that he or she cohabits regularly and stably with another partner.

FAQs;

1-Will I lose my husband’s pension if I remarry?

Remarriage does not typically impact the receipt of pension payments awarded through a Qualified Domestic Relations Order due to divorce.

2-What are the benefits of remarriage?

Potential benefits of remarriage include renewed love and companionship, shared financial resources, regaining health insurance coverage, and having a stepparent for your children.

3-Can a divorced couple remarry?

Yes, there may be reasons a divorced couple later chooses to remarry, such as personal growth, changes in circumstances, or realizing aspects of the relationship they miss.

4-Can the same couple get married twice?

Yes, it is legally permissible for a divorced couple to remarry each other again at a later date after their initial marriage has been legally dissolved.

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