Marriage and Alimony in Civil Law

Marriage and Alimony

Characteristics of Maintenance Obligation

The maintenance obligation is characterized by personality, limitations, reciprocity, relativity, variability, and absence of solidarity.

Types of Maintenance

Civil or Broad Maintenance: Due to spouse and direct relatives. It includes necessities like food, shelter, clothing, medical care, and education for minors and those who haven't completed their training.

Natural or Strict Maintenance: Due to siblings, covering basic necessities for life.

Article 148.3 of the Civil Code

This article doesn't regulate food allowance but empowers courts to order interim measures ensuring the effectiveness of existing alimony provisions.

Burdens of Marriage

Spouses contribute to the burdens of marriage (separate property regime). Absent an agreement, contributions are proportional to economic resources.

Requirements of Marriage

Article 32.1 of the Civil Code

Men and women have the right to marry with full legal equality. This establishes the connubial right (ius connubii).

• Fundamental Requirements: Consent, age, absence of existing marriage, absence of prohibited kinship, and absence of criminal conviction.
• Formal Requirements: Prior registration and celebration by a competent official.

Compensatory Spousal Support

Article 97.1 of the Civil Code

The spouse who experiences economic imbalance due to separation or divorce, resulting in a worsened situation compared to before marriage, is entitled to compensation. This can be a temporary or indefinite pension, or a lump sum, as determined by agreement or court order.

Absent an agreement, the judge determines the amount based on:

1. Spousal agreements.
2. Age and health status.
3. Qualifications and employment prospects.
4. Past and future dedication to the family.
5. Collaboration with the other spouse's commercial, industrial, or professional activities.
6. Duration of marriage and cohabitation.
7. Potential loss of pension rights.
8. Financial resources and needs of each spouse.
9. Any other relevant circumstances.