If you are married in a community property regime, you have a pension plan and you are going to get divorced, you are interested in reading this post.

Pension plans are exclusive, are from their nominative owner, However, We must clarify what happens if we divorce and the liquidation of the community property is carried out.

Although the pension plan is exclusive, it has been nourished by contributions of community money while the marriage has lasted, … How do you solve? The answer is by reimbursing the amounts by the owner of the plan to the community of community.

There is no specific rule that regulates this matter, but the courts and tribunals have been considering that the amounts contributed to the plan, or to the insurance policy, made in force the community of property, "Must be reimbursed to this, as they are presumed made with money of a community nature, Unless proven otherwise ", Therefore, it must be part of the inventory of the liquidation of property, and this with the corresponding update by ipc on the date of effective settlement of the property.

But beware, because there is a assumption in which the answer is different, and it is in cases where the pension plan is fed by contributions made by the company for which the owner of the plan works, are the so-called employment plans. This assumption occurs when the The company you work for is the one that pays the salary every month and also opens a pension plan for the worker and that the company will pay. In this case, contributions to the pension plan are considered exclusive, since they have not been paid with money from the marriage.

But this last assumption has a different answer, and it would be considered that it should be included in the inventory of the liquidation of property and distributed at the time of its redemption, In the event that its holder and his spouse so decide at the time of liquidating the matrimonial property regime of community property.

So, the will of the parties may influence the distribution of the amount when the business pension plan of one of the spouses is rescued and distributed between the two members of the couple in the inventory of the joint property partnership, as established by the Supreme Court in a recent judgment of 6 June 2019.

The judge-rapporteur states that, regardless of the rating of the pension plan, What is indisputable is that the parties agreed that it would be shared equally, agreement that has legal support in the principle of freedom of contract of the spouses. The Supreme Court determines in this judgment that, At first, the defendant's pension plan should also be considered included in one of the agreements signed by both parties, and this because in one of the points they agreed that when the defendant's pension plan was rescued, it would be divided equally.

We hope that these notes have clarified what happens with pension plans if we are going to get divorced and we were married in community.