Divorcing in Spain or separating from your partner? You may be wondering whether you or your spouse are entitled to spousal support — often called alimony in other countries.
While Spain doesn’t use the term “alimony” officially, it does recognize the right to compensatory spousal support (pensiĂłn compensatoria) in certain cases.
In this guide, we explain how spousal support works in Spain — especially for expats, foreign residents, and international couples.
⚖️ What Is Spousal Support in Spain?
Spousal support (pensión compensatoria) is a financial payment one spouse may be ordered to pay the other after separation or divorce if there’s a clear economic imbalance caused by the marriage ending.
It is not automatic. A judge will evaluate if:
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One spouse is left in a financially disadvantaged position, and
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That imbalance is directly linked to the marriage
🧾 Who Can Request It?
Either spouse — regardless of gender or nationality — can request support, but they must show:
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They sacrificed career or income for the marriage (e.g., to care for children)
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They contributed to the family business or supported the other’s career
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Their earning capacity is lower due to life choices made during the marriage
đź“‹ Key Factors Courts Consider
Spanish judges look at:
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Length of the marriage
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Age and health of both spouses
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Professional qualifications and employment prospects
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Childcare responsibilities
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Contributions (financial or otherwise) made to the family
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Wealth and income of both parties
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Whether one spouse helped the other obtain higher education or business success
⏱️ Duration of Spousal Support
Support can be:
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Temporary (e.g., for a few years)
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Indefinite (in rare cases)
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Or a one-time lump sum payment
In practice, most awards are limited-term, designed to help the receiving spouse get back on their feet.
đź’° How Much Is Paid?
There is no fixed formula, but judges often base it on:
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The economic gap between the spouses
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The standard of living during the marriage
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Available assets and income streams
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Reasonable needs and living expenses
Payments are typically monthly and must be declared for tax purposes.
🧨 Can It Be Modified?
Yes. Spousal support can be:
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Reduced or eliminated if circumstances change (e.g., the recipient remarries or finds work)
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Increased if the payer’s income grows significantly or the recipient suffers hardship
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Reviewed at regular intervals if court-ordered
đźš« When Is It Denied?
Support is generally not granted if:
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The marriage was very short
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Both spouses are financially independent
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The financial disadvantage is not linked to the marriage
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The requesting spouse committed serious misconduct (in rare cases — such as abandonment)
🇪🇺 Special Considerations for Foreigners
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You don’t need to be Spanish to receive spousal support
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You must request it during the divorce proceedings (not later)
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Courts can apply foreign law in some cases — if agreed in a prenup or if jurisdiction rules apply
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Spain recognizes and enforces spousal support orders from many other countries (especially in the EU)
👩‍⚖️ What About Non-Married Couples?
If you’re not legally married but lived together in a registered civil partnership (pareja de hecho), you may have some rights to support — though they are less comprehensive than those of married spouses.
🧠Expert Tip
Always formalize spousal support in a court-approved divorce agreement or notarial act. Informal or verbal promises are not enforceable.
👨‍⚖️ How Borderless Lawyers Can Help
We assist foreign and international clients in:
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Negotiating and drafting spousal support agreements
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Representing parties in contested divorce hearings
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Modifying or enforcing existing court orders
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Ensuring international recognition of support obligations