Women and Justice: Court: Tribunales Superiores de Justicia de Chile

Domestic Case Law

Naturaleza de compensación económica en divorcio Tribunales Superiores de Justicia de Chile (2006)

Divorce and dissolution of marriage, Domestic and intimate partner violence

In this divorce proceeding, the court reiterated that in situations in which one of the two parents, most commonly the mother, stays at home and thereby forfeits the opportunity to develop a career and earn a living wage, she is entitled to economic assistance from her husband if the marriage ends. This was especially relevant in this case, given that the husband had previously abused his wife, and after initially leaving him, she was forced to return to the marriage for economic reasons.