The legal nature of compensatory alimony paid to the ex-spouse who dedicated herself fully to the family during the marriage

Abstract

The right to food is considered fundamental, being guaranteed to the individual through Law No. 5,478 (Food Law). However, the breakdown of a marital union, whether through divorce or separation, can lead to an economic imbalance between one of the spouses or partners, especially when one of them has given up his professional career to dedicate himself to domestic activities and children, while the other spouse was consolidating financially. In this sense, an institute called compensatory alimony emerged, whose aim is to correct this wealth inequality. Unlike traditional alimony, which aims to support the alimony's subsistence, as long as their need is proven, compensatory alimony, on the other hand, has an indemnifying nature. They are granted with the aim of compensating the economically weaker spouse in the relationship, as the separation caused an economic imbalance, leading to the loss of the standard of living that they had during the marriage or stable union. The methodology used to develop the work was the hypothetical-deductive method, obtaining as means of research the analysis of Brazilian doctrine and related principles, as well as the analysis of Constitutional and Infraconstitutional legislation on the topic.