Compensatory Benefit of the Innocent Spouse under Romanian Law

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