P.R. Laws tit. 31, § 343

2019-02-20 00:00:00+00
§ 343. Payment of alimony

Should one of the spouses lack sufficient means to support him or herself during the divorce proceedings, the Court of First Instance shall order the other spouse to provide alimony in proportion to his or her means according to the social position of the family, or in those cases whereby the conjugal partnership lacks sufficient property or the spouses have entered into a prenuptial agreement.

Should the conjugal partnership have property, the Court of First Instance may order, at the request of either spouse, acknowledgment of the right of the claimant spouse to co-administer all or part of the community property or to have access to a particular piece of community property or to a liquid sum that will allow said spouse to support him/herself, or both, or to alimony, without this constituting a credit or a debt chargeable to the respective shares in the community property at the time of the liquidation.

Regarding the preceding case, the claimant spouse shall not have to prove need even during the divorce proceedings, except when claiming access to a monthly liquid sum equal to more than half of the total monthly income or liquid assets of the conjugal partnership.

History —Civil Code, 1930, § 100; July 24, 1952, No. 11, p. 30; May 30, 1976, No. 84, p. 260, § 1; Jan. 14, 1999, No. 46, § 1.