Skip to main content
Practical Income Manual 2021.

d) Extinction of the matrimonial property regime of separation of assets

It will be deemed that there is no capital gain or loss in the extinction of the marital economic regime of separation of assets, when due to legal imposition or judicial resolution compensation is produced, monetary or through the award of assets, for reasons other than the compensatory pension between spouses.

For these purposes, it must be taken into account that the compensatory pension is that defined in article 97 of the Civil Code, as that pension to which the spouse is entitled to whom the separation or divorce produces economic imbalance in relation to the position of the other, which implies a worsening of your previous situation in the marriage.

These compensations will not give the right to reduce the payer's tax base nor will they constitute income for the recipient.

This assumption may not give rise, in any case, to the updating of the values of the assets or rights awarded.