23 Mar Divorces with older children. All you need to know
Divorces with older children. All you need to know
Paradise might encounter some trouble and there is nothing wrong about that. That marriage that is on the edge of breaking might actually benefit from a divorce since it could improve their relationship and renew their trust in each other.
Moreover, when kids are involved, setting things straight with the help of divorce professionals can actually help them get through what might be a difficult time for the whole family.
Our divorce lawyers in Torrevieja can assist you through the whole process and guarantee a successful outcome for every party involved in it. Honesty, trust and integrity are the values that guide our career. You will find the best divorce lawyer Torrevieja has to offer in our firm.
What happens to the pension for children of legal age in a divorce?
Contrary to what many people believe, being of age does not mean the children of a divorced couple are not entitled to a pension from the parents. If the couple seeking divorce has children, they are still under the obligation to fulfill some basic needs the children have such as: a home, clothing and medical insurance.
The pension also includes paying for education and the ultimate goal is to maintain the lifestyle the kids had prior to the divorce. Parenthood obligations aim at providing a decent and comfortable life for their children.
When seeking a divorce, this aspect is considered and settled in an agreement between the parties.
Pension for children of legal age
Now, the agreement divorce lawyers offer is based on several aspects. The final number for the pension will be determined by the needs the kids have according to the kind of life they lead.
A divorce aims at legally breaking the society a couple made through marriage. However, divorce does not break the bond and obligation the parents have towards the children in common. For that reason, the pension is an obligation rather than a right.
The type of pension and the final number will be determined by the judge and, naturally, following the stipulations of the law.
When does alimony cease to be paid?
The general rule is that pension should be paid until the children are able to fully and financially support themselves. In most cases, the process of becoming independent can take several years as the children might choose to follow a university course or paths of the sort. In these cases, and considering the time it takes to achieve financial independence at the same time one follows a university course, payment of a pension could last several years.
Now, the exception to this rule goes hand in hand with the children’s willingness to seek independence. This means that, if there is a notorious lack of interest in finding a source of income for their own, the agreement could be suspended.
Lack of interest could be motivated by the clear intention of taking advantage of this situation or an obvious path of poor conduct from the children. All these scenarios should be evaluated and it will be for the judge to decide whether the child deserves the pension or not.
What happens if the child suffers from functional diversity?
As the general rule is to keep the pension for as long as the children take to achieve financial independence, kids with functional diversity might be in need of the pension for their whole life.
In general terms, the goal of the pension is to keep providing for the kids even after the marriage is dissolved. These kinds of agreements between the parents prevent kids from being defenseless.
Children with functional diversity might be willing to seek a source of income for themselves but be limited by their condition. This is, by no means, a reason to leave them without the pension that will allow them to lead a decent life.