Analysis of the most relevant Supreme Court (Civil Chamber) rulings in 2024 and 2025 on the compensatory pensión after divorce: setting criteria, duration, extinction and modification.
The compensatory pensión under Art. 97 CC is one of the most litigated family law institutions. In 2024-2025, the Spanish Supreme Court has issued a series of rulings refining the criteria for setting, duration and extinction of compensatory pensions.
STS 15 January 2025: The imbalance must be real and verified at the time of divorce, not hypothetical. Mere income difference does not automatically generate compensatory imbalance.
STS 18 September 2024: Replaced indefinite pensión with 5-year temporary pensión for a 52-year-old woman with university education and prior work experience. The Court held that professional reinsertion was feasible.
STS 5 February 2025: Maintained indefinite pensión for a 63-year-old woman who had dedicated 28 years exclusively to home and children, finding reinsertion "practically impossible in objective terms."
STS 28 October 2024: Cohabitation with new partner must be stable and public to extinguish the pensión. Occasional relationships do not trigger automatic extinction.
STS 3 December 2024: Even though extinction is legally automatic upon new marriage, it requires judicial declaration to be enforceable. The obligor cannot unilaterally stop paying.
STS 19 February 2025: Extinguished compensatory pensión where the beneficiary inherited significant assets 8 years post-divorce, eliminating the original imbalance.
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