P.R. Laws tit. 31, § 385

2019-02-20 00:00:00+00
§ 385. Alimony

If any of the spouses does not have sufficient means for subsistence once the divorce is decreed on any of the grounds established in § 321 of this title, the Court of First Instance may assign alimony, [at] its discretion, from the income, earnings, salary or property of the other spouse.

The court may grant said alimony, taking into account any of the following circumstances, among others:

(a) The agreements reached by the former spouses.

(b) Age and state of health.

(c) Professional qualifications and likelihood of access to employment.

(d) Past and future commitment to the family.

(e) Participation with regard to work in the commercial, industrial or professional activities of the other spouse.

(f) Duration of marriage and marital cohabitation.

(g) Financial wealth and means and the needs of each of the spouses.

(h) Any other factor deemed appropriate within the circumstances of the case.

Once the alimony is fixed, the judge may modify the same on the grounds of substantial changes in the situation, income and wealth of one or the other spouse. Alimony shall be revoked through judicial decision if it becomes unnecessary, or if the divorced spouse entitled to such alimony contracts a new marriage or lives in public concubinage.

History —Civil Code, 1930, § 109; May 5, 1948, No. 90, p. 202; Feb. 16, 1995, No. 25.