Home Practice Areas About Us FAQ Contact Book your legal consultation
Home/Civil Law/Economic Compensation After Divorce
Family Law

Alimony After Divorce in Chile

Chile has no alimony in the US sense, but a spouse who sacrificed a career for the family can claim compensación económica.

How alimony works in Chile

Americans often search for alimony, but Chilean law uses a different tool. Economic compensation (compensación económica) is regulated in articles 61 to 66 of Ley 19.947 on civil marriage. It is meant for a spouse who did not work outside the home, or worked far less than they could have, because they were raising children or running the household, and who now has an economic disadvantage as a result.

It is requested in the divorce or annulment case itself. The judge is required to tell the parties about the right during the process, but a spouse who does not raise the claim at the proper time can lose it. For a couple with international lives, the questions are usually how to value a career put on hold and how to treat assets in several countries. Our attorneys also advise on how a Chilean compensation claim interacts with support or property claims in another country, so that you do not accept terms here that undercut your position elsewhere.

What the judge considers

Article 62 of Ley 19.947 lists the factors: the length of the marriage and of the couple's life together, the financial situation of both spouses, their age and health, their social security and health coverage, the claimant's training and chances of finding work, and the contribution each made to the family. These are criteria, not a formula, so outcomes vary widely.

If the divorce is granted because of a serious fault by the spouse who would receive compensation, the judge may reduce the amount or deny it. That makes the fault-based route different from the other divorce types.

Cross-border couples and unusual facts

A career paused in another country can still count if the choice was made for the family and the couple is divorcing in Chile. Judges look at the marriage as a whole. Evidence tends to include tax records, employment history, offers declined and children's care arrangements.

Assets matter too. A spouse who already receives property or other benefits from the marital regime may receive less compensation. We review the property regime and the parties' agreements before advising on strategy.

What we handle

Compensation claims

Preparing and presenting the claim in the divorce or annulment, with the evidence of what you gave up and what you now lack.

Defending against a claim

Representing the spouse who would pay, including arguments on duration of the marriage, the claimant's own earning capacity and fault.

Payment structure

Negotiating a lump sum, installments, or the transfer of property or rights, which the law allows.

Agreements in mutual divorces

Including a compensation term in the complete and sufficient agreement that a mutual-consent divorce requires.

Enforcement

Securing payment and guarantees, and acting on a judgment when the paying spouse delays.

Making the claim from abroad

01

Eligibility check

We review the marriage history and tell you honestly whether the claim is viable, before any filing.

02

Power of attorney

Signed before a Chilean consul or apostilled where you are. Our attorneys act for you in the divorce and the compensation claim.

03

Evidence and proposal

We build the file, propose a figure or structure, and negotiate or argue it. Reports reach you in plain English throughout.

Economic Compensation After Divorce — common questions

What English-speaking clients ask us most about this specific service.

Does Chile have alimony like the United States?
Not exactly. There is no general spousal alimony after divorce. The closest tool is economic compensation, which is limited to a spouse who sacrificed work for the family and suffered a disadvantage because of it.
Can I claim compensation in a divorce I did not start?
Yes. The claim can be made in the case even if your spouse filed. Timing matters, so raise it promptly through counsel and do not assume the court will do it for you.
How much compensation will I receive?
Nobody can say without the facts. The law gives factors rather than a formula, and judges have discretion. We estimate a realistic range only after reviewing your history and the couple's finances.
Does fault affect compensation?
It can. If the divorce is based on the fault of the spouse seeking compensation, the judge may reduce or deny it. We analyze that risk when choosing the divorce route.
Is compensation the same as child support?
No. Child support is owed to the children and covers their needs. Compensation is owed between spouses to correct an economic imbalance caused by the marriage.

Talk to a Chilean lawyer about compensation after divorce

Get an initial assessment in English, confidential and with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
HoursMon–Sat 09:00–20:00