You are in a process of separation or divorce and you do not know very well what the compensatory pension is . At ISD Abogados we advise you and explain it to you in an understandable way. So that you have a basic notion.

The compensatory pension is established in a court to repair the economic imbalance that one of the spouses may suffer after the marriage breakdown.

What is compensatory pension and what is not
A divorce or separation does not necessarily have to entail the award of a compensatory pension for one of the spouses.
In the absence of a separation or divorce agreement between the spouses, it is the judge himself who determines whether or not there is a compensatory pension, for whom and for what amount.

The compensatory pension is granted when, upon divorce or separation, one of the spouses is clearly financially damaged.
The compensatory pension is granted to the spouse who after the marriage has suffered a worsening of his economic situation with respect to the other and taking into account his situation before the marriage.

The economic imbalance must have been caused by the existence of the marriage and not by other circumstances.
The compensatory pension can be a temporary or indefinite pension, or in a single benefit, as determined in the regulatory agreement or in the judgment.

The compensatory pension has nothing to do with the alimony. The maintenance allowance refers exclusively to food, accommodation, clothing and medical assistance.
It only applies in separations and divorces, not in cases of marriage annulment.
Tip: the compensatory pension must be requested in the separation process.
How the amount of compensatory pension is established
It is the judge who determines the amount and the form of delivery of the amount of the pension based on certain criteria.

Some of them are:

The agreements reached between the two parties are taken into account.
The age and health of the spouse requesting the compensatory pension is assessed.
The possibility of access to employment of the applicant spouse is analyzed: professional qualification and experience, how long it has been inactive.

Professional dedication prior to marriage and dedication during marriage are studied. At this point, dedication to the family before and during marriage is taken into account.

Another point that the judge will take into account is the duration of the marriage and the conjugal coexistence.
If the applicant spouse has eventually ceased to obtain the benefit of any other pension. What is called “the eventual loss of a pension right”.

The needs, wealth and financial resources of each spouse will be assessed separately.

When the judge determines the judicial resolution, he will have to establish the bases by which the pension will be updated and set the guarantees for it to be carried out. The most common is that the compensatory pension is updated every year and in accordance with the CPI. Divorce Lawyer in Bangladesh

The compensatory pension can be modified in the following cases and in the following ways:

In the event of significant changes in the economic situation of one or the other spouse.

Improvement of the economic situation of the beneficiary.
Worsening of the economy of the obliged to pay.

The compensatory pension may be replaced , in case of convenience, by a life annuity, by the usufruct of certain assets or by the delivery of a capital in goods or money.
How long does the compensatory pension last? it's forever?
As we said at the beginning, the compensatory pension can be:

A temporary pension.
Indefinitely.
A unique feature.
This will depend on the regulatory agreement or ruling.

However, the termination of the obligation to pay the compensatory pension may also occur :

When the cause that motivated the provision no longer exists.
When the beneficiary remarries.
When the beneficiary cohabits maritally with another person.
They must live together regularly, as a couple -with emotional characteristics- and with the economic character of a family.

When in the separation the possible beneficiary waives the compensatory pension .
If in the divorce or separation process the spouse who could be the beneficiary of the compensatory pension waives it, he / she may not request it later. The right is definitively extinguished.

In fact, it should be noted that the widow's pension reform establishes that it is mandatory to have accepted the compensatory pension after separation or divorce in order to collect the widow's pension.

If during the separation or divorce process it is agreed between the spouses that the payment of a pension is unnecessary.

However, the payment of the compensatory pension does not cease in the event of the death of the person obligated to pay. In this case, the payment obligation subsists and it will be his heirs who assume the cost of paying it with the inheritance.