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Spousal maintenance

Ending maintenance on appeal does not make earlier payments undue

Supreme Court · Civil Chamber · STS 1038/2026 · Appeal 8740/2021
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

Repayment was refused for maintenance paid while the judgment maintaining it remained effective. The appeal decision ending payment because of financial changes had not ordered earlier effects.

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Official source and identification

Supreme Court · Civil Chamber · STS 1038/2026 · Appeal 8740/2021 · 2026-06-29

Original explanatory note based on the official Civil Chamber weekly summary. This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.

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