Separation and divorce
spousal maintenance after a long marriage and job loss
The breakup can leave one of the spouses with very reduced income, even if they have worked for years and contributed to the family economy. In this case, a request was made spousal maintenance and the use of the home, relying on the difficulty of recovering economic autonomy.
What was raised in the lawsuit
The plaintiff alleged a prolonged period of unemployment, limited welfare income, and obstacles to returning to the labor market. He also claimed to have contributed his salaries and funds to the common economy and to the couple's business activities. He had left home and was receiving family help.
The request was not just about comparing two payrolls. He tried to explain how the breakup affected his economic position and what real possibilities he had of sustaining himself. A pension with a vocation for continuity and its updating was requested, along with the attribution of the use of the home.
Why it was important to know the heritage
The letter indicated participations in companies, assets and financial products about which the plaintiff said he did not have sufficient information. That is why he requested tax, banking and income documentation from the other party.
This issue is decisive when economic capacity is not reflected solely in a salary. The existence of a company or an asset does not, by itself, demonstrate a certain disposable income: ownership, income, charges and documentation must be examined.
What should be prepared
Work life, proof of current income, necessary expenses and documents that explain economic developments during the marriage are useful. If work limitations are alleged, they must be supported with relevant information, avoiding providing health data unrelated to the purpose of the procedure.
Help from family members and leaving home also need context. Article 97 of the Civil Code requires assessing the imbalance derived from the breakup and the circumstances of the relationship. The duration and amount requested are requests that require individual assessment; They are not equivalent to an already recognized pension.
matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.