¿Si se extingue la pareja de hecho, me pueden reclamar una pensión igual que en el Matrimonio?

The legal framework for civil partnerships and marriage is very similar, and we would venture to say almost identical, with a few exceptions. Many people come to our law firm for assistance with the procedures for formalizing a civil partnership and frequently ask us about the obligations involved in a civil union with another person and whether or not it has the same legal implications as marriage. While the relationship lasts, there are never any problems, but when we consider a breakup or dissolution, doubts arise about what might happen and what the parties can claim from each other. One of the common questions is whether the dissolution of the civil partnership entitles the less favored party to compensatory maintenance. The technical answer is no, it does not automatically entitle one to compensatory spousal support. However, the partner who was not working during the de facto relationship, either because they were caring for the family or working for their partner, could claim compensation for maintenance, unjust enrichment, or another legal concept under which the claim falls. Therefore, in legal terms, compensatory spousal support does not apply, but this does not mean that the less fortunate partner has no rights at all. Special for de facto couples between an EU or Spanish citizen and a foreign national: A much more important issue than considering potential compensation in case of a breakup is the importance of having an employment contract before the breakup, as the law stipulates that, after the dissolution of the de facto relationship, the foreign national has only 3 months to change their EU residence status to a residence and work permit (General Regime). Given this situation, and considering that the foreign partner would find employment before the dissolution, we could conclude that no alimony or compensation is due to the foreign partner, since in principle, after the dissolution of the relationship, they would not experience an economic imbalance or have any grounds for claiming anything, as the foreign partner was registered with social security and employed before the dissolution (This should, of course, be analyzed on a case-by-case basis). Therefore, we urge calm for those who may have concerns in this regard, as we have never encountered any instances of either party attempting to claim anything when processing a dissolution. In 100% of the cases where we have processed civil partnerships and subsequently received assistance with immigration paperwork, we have no record of any financial claims against the EU or Spanish citizen partner.