top of page
Search

Requesting compensatory pension in a single payment is valid.

  • Writer: Leonardo Gallegos García
    Leonardo Gallegos García
  • Aug 18
  • 2 min read

In this case, a Family Court rejected the request for compensatory spousal support because the person requested it as a lump sum payment, under the assumption that "supplement" could only be paid in periodic installments. This decision was appealed, and on appeal, the Family Chamber of the Western Section overturned the ruling. It explained that compensatory spousal support is not the same as child support, that the method of payment is not an obstacle to requesting it, and that the judge will determine in the judgment how it is paid (whether in installments or a single sum), based on what is fair for the case. This was the result of an appeal that emphasized that the manner in which compensatory spousal support is requested in divorce proceedings is not a requirement for the case to be heard by the court.

Compensatory pension is an amount of money that is granted to one of the spouses when they are left in a significant economic imbalance after the marital breakdown, provided that there is a separation of property regime or negative numbers are obtained for the spouse who requests it.

Why does this matter to you?

Because it opens the door for many people —women or men— who leave a marriage with a real economic imbalance to claim compensation without having their case blocked simply for requesting it as a lump sum payment.

If you are going through a divorce (or are about to start one) and feel you have been left at a disadvantage after years of contributions, sacrifices, dedication to the home or family, or economic dependence, this criterion can help you defend your rights with a solid strategy.

 
 
 

Comments


BACK TO TOP

Torrento Gallegos & Associates © 2026

bottom of page