Divorce

Alimony is financial support paid by, or to, your spouse. As part of a divorce, the judge can award alimony to a spouse who doesn’t have enough money to support himself/herself. The judge will decide how much alimony will be paid, how long it will last, and from where the alimony will be paid, such as from the spouse’s salary, other income, property, etc.

In Puerto Rico, a judge can order “pendente lite” spousal support. This is a temporary support order that lasts only while the divorce process takes place. The amount ordered will be based on the paying spouse’s economic capacity while still covering the basic and essential needs of the spouse who is receiving it. It can also cover legal expenses related to the divorce process.¹

As part of the final divorce order, the judge can order temporary spousal support:

• for a specific amount of time;
• until the awarded spouse is able to take care of him/herself; or
• until the awarded spouse has enough assets to cover his/her own needs.²

In determining how much alimony should be paid and for how long, the judge could consider, among other factors, the following circumstances related to both spouses:

• any agreements reached regarding alimony;
• your ages and mental and physical health;
• academic, professional, or vocational training and the chances of securing secure employment;
• responsibilities related to caring for family members;
• contributions made to the other spouse’s professional, commercial, or industrial work;
• the length of the marriage and how long you and your spouse lived together;
• the financial resources and the financial needs of each spouse; and
• other factors relevant to the circumstances of the case.

If there is a substantial change in the situation, income, or wealth of either spouse, the judge might change (modify) the alimony ordered. Alimony can also be ended (revoked) if it becomes unnecessary or if the person receiving the alimony re-marries or lives with a new partner.²

¹ 31 L.P.R.A. § 6801
² 31 L.P.R.A. § 6813