La compensación por trabajo doméstico del artículo 1438 del Código Civil¿ ha llegado el momento de modificar la norma ?

Resum

When the matrimonial economic regime of separation of property is extinguished, the spouse dedicated during its validity to chores in and for the household can claim the other a financial compensation, recognized by art. 1438 CC. The doctrine has been denouncing the unfair results produced by the Supreme Court’s interpretation of the precept for a long time, for it appears to ignore today’s social reality. As long as current legislation does not change, the problem could be solved with an interpretation of the rule in accordance with the principle of equality that must govern relations between spouses. In other words, only the spouse who has contributed more than his or her partner should be compensated, taking into account his or her financial resources (being the activity carried out in the home included in these). Reparation for the damage suffered by the spouse who loses professional expectations by dedicating to household chores is already contemplated in art. 97 CC, which provides compensation in case of separation or divorce