Alimony in Spain is a financial payment made by one of the spouses to the other following divorce. Alimony payments to ex-spouses are far less likely to be awarded than awards in favour of children.
The basic rule is that alimony should only be awarded where one of the spouses is clearly disadvantaged economically as a result of the divorce. It would typically be awarded where one of the spouses owns a company or is a professional with a reasonably large income and the other spouse has foregone a career to raise the children.
Factors that are relevant to the award of compensation are the ages of the spouses, their health, and the professional status of the spouse requesting the award as well as their possibilities in general with regard to finding work, the duration of the marriage and the means of income of both spouses with regard to their necessities.
It would seem that key to an award of alimony is evidence that one of the spouses has foregone the possibility of a career in order to dedicate that time to looking after the children. In a Supreme Court case decided in 2011, the court found that no alimony payment was due to the ex-wife as she had been able to develop her career without interruption during almost 23 years of marriage.
The court stated that it was not proven that her lower professional qualification, which was the cause of the difference in the ex-spouse’s salary, was a direct consequence of the marriage.