Dealing with the economic consequences of divorce for wives: alimony under the Spanish civil code

Abstract

One of the most complex issues in family law is that of support for a former spouse. Difficulties arising from the economic consequences of divorce do not just concern when and how payment of the maintenance and alimony agreed or awarded must take place. They raise questions about how the nature marriage is perceived and the reasons for imposing obligations when it is terminated. Relevant to these issues are the various economic situations which may arise during marriage, the matrimonial property regime, lost opportunity costs and the matrimonial standard of living. This paper deals with the solutions established to deal with these problems by one of the most recent legal regulations within European countries in this area, those in Spain. This paper considers the current legislation in Spain, the social reality of divorce in that country and constructs a theory concerning alimony based on the practice of the Spanish courts.