Compensatory Benefit of the Innocent Spouse under Romanian Law

Ciprian Raul Romitan ()
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Ciprian Raul Romitan: Romanian-American University,Bucharest, Romania

Scientia Moralitas Journal, 2021, vol. 6, issue 1, 15-30

Abstract: In some cases, after the marriage has been dissolved, a significant economic imbalance can be created as regards the living conditions of one of the former spouses, and should therefore be required that, if he/she is not guilty of divorce, to be assured of living conditions similar to those which he/she had during his/her marriage. The tool which the interested spouse has at his/her disposal is the compensatory benefit. By regulating the institution of compensatory benefit, the Romanian legislator wanted to offer a legal instrument that would compensate for a possible imbalance in the way of life that the divorce would produce to the person requesting such a benefit. The study shall make a theoretical and practical analysis of the conditions for granting the compensatory benefit, the method for determining the amount and the procedures for amending and ceasing it.

Keywords: dissolution of marriage; compensatory benefit; innocent spouse; spouse’s exclusive fault; living conditions; significant imbalance (search for similar items in EconPapers)
Date: 2021
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