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Court Upholds Pension Despite Shared Residence with Ex-Husband
A Spanish court rules that a disabled woman can keep her pension despite living in the same house as her separated ex-husband, challenging the administration's definition of cohabitation.
Spanish
Spain
Gender IssuesLawsuitDisabilityPensionSeparationCohabitation
Superior Court Of Justice Of Castilla-La ManchaConsejería De Bienestar Social De Castilla La ManchaLegalion Abogados
Francisco Javier Vidal
- Why did the administration initially withdraw the woman's pension?
- The administration had initially withdrawn the woman's pension because her family's income, including her ex-husband's and daughter's, exceeded the legal limit. The court, however, ruled that the ex-husband's income should not be considered since they were legally separated and not living together.
- How did the court's decision affect the amount the woman had to repay?
- The court reduced the amount the woman had to repay to the administration for wrongly received benefits, considering only the period before their legal separation. This decision highlights the importance of assessing cohabitation based on the actual circumstances rather than just shared residence.
- What precedent does this ruling set regarding the definition of cohabitation?
- The TSJ's decision sets a precedent, challenging the traditional approach of the public administration which often considers cohabitation based solely on shared residence, regardless of legal separation or other circumstances. The court considered testimonial and documentary evidence proving the lack of effective cohabitation.
- What were the living arrangements of the woman and her ex-husband after their separation?
- The woman's ex-husband paid her a monthly compensatory pension of 100 euros, and although they shared the house, they occupied separate areas and shared only some expenses. The court emphasized that physical proximity does not automatically equate to effective cohabitation.
- What was the ruling of the Superior Court of Justice of Castilla-La Mancha regarding the 59-year-old woman's pension?
- The Superior Court of Justice (TSJ) of Castilla-La Mancha ruled that a 59-year-old woman with a 65% disability can keep her non-contributory pension despite living with her ex-husband. The court determined that because they lived in separate areas of the house and shared only some expenses, there was no effective cohabitation.