Charlotte, NC asked in Civil Litigation and Identity Theft for Puerto Rico

Q: What are alimony laws in Puerto Rico?

A couple were married a little over 2 years while living in Florida... in those 2 years, wife cheated 3 times, and they attempted reconciliation. After the 3rd time, they separated, and she took kids and moved to Puerto Rico. They've been separated 4 yrs, and he wishes to divorce legally to establish a new relationship... is she entitled to alimony? If so, how much?

2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using JUSTIA. There is no alimony per say under Puerto Rico law. The only rights she would have is child support payments and half of all marital property. The child support is determined by calculating the sum of both parties monthly income and then finding said sum in the cuarto for child support and dividing said number on the cuarto by the percentage that each party responds for. This is known as basic child support. In addition there is a supplimental child support payment for schooling, housing and medical expenses. Once again it is divided by the percentage that each party responds for.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Ponce, PR
  • Licensed in Puerto Rico

A: There is no alimony under Puerto Rico law. But she could ask for parental support. You have to evaluate some legal requirements to know if she's entitled to it. Some specifics of the marriage have to be evaluated in order to determine this: the existence of a prenuptial agreement; the existence of joint properties, businesses, bonds, bank accounts; is she unemployed among other factors. If the kids are under legal age you will also have to pay child support.

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