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Judicial Decision Recognizes Domestic Work as Compensable Activity After Long Years of Dedication
Last year, the Spanish court ruled that a man must pay 88,025 euros, approximately R$ 570 thousand to his ex-wife as compensation for the 26 years she dedicated to domestic work during their marriage, recognizing an employment relationship.
The unprecedented decision reinforces the discussion about the value of unpaid work performed at home.
The Couple’s Story
The couple, whose identities have not been revealed, married in 1996.
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During the marriage, the wife worked outside the home for only 205 days, spread over several years.
Most of the time was dedicated solely to raising their only daughter and to domestic chores.
In 2022, after the separation, the husband remained in the family home, which was already paid off, while the woman had to rent a property and seek employment to ensure her own livelihood.
Having spent virtually her entire adult life as a housewife, the ex-wife would be entitled to a low pension since she did not contribute significantly to social security.
On the other hand, the ex-husband, who maintained an active career, secured a more solid retirement. This difference was considered essential for the compensation claim made by the woman.
The Judicial Process
Initially, the compensation was set at 120,000 euros (US$ 130,000). However, the decision was contested by both parties.
The ex-husband agreed to pay for the dedication of the ex-wife to domestic work but requested that the amount be reduced to 60,000 euros. The ex-wife, on the other hand, requested an increase in compensation to 183,629.36 euros (US$ 200,000), justifying her long dedication to the house and their daughter.
During the proceedings, the ex-wife claimed that she had been working outside since 1989 and, one year after their marriage, left her career to dedicate herself entirely to the home.
She further argued that, after the separation, she was forced to take a low-paying job, with no possibility of developing a solid career, affecting her economic future.
The ex-husband countered that both contributed to household expenses during the marriage and that it would not be fair to compensate one spouse as if they were a full-time employee. He also emphasized that their daughter is of legal age and no longer lives with her mother, which would ease the ex-wife’s financial situation.
The Final Decision
The Provincial Court of Pontevedra reviewed the initial amount and set the compensation at 88,025 euros. Additionally, it ordered the payment of a monthly pension of 350 euros (US$ 381) to the ex-wife for a period of three years, with annual adjustments according to the national inflation index.
The decision still allows for an appeal to the Supreme Court if either party wishes to contest it. The case draws attention to a growing trend in Europe: the judicial recognition of the value of domestic work.
In 2023, another Spanish court ruled that a man must pay 204,000 euros to his ex-wife for 25 years of dedication to the home. In 2021, a Portuguese court sentenced a man to pay 72,000 dollars in a similar situation.
This new decision reinforces the debate on the recognition and financial compensation for unpaid work at home, a reality that directly impacts the lives of many women after the end of marriage.
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