El derecho a los alimentos congruos en el vínculo matrimonial en Ecuador, un estudio normativo.

Abstract

Legally binding alimony is established as the means that allows the person receiving support to maintain a decent standard of living consistent with their needs and personal development. Based on this legal reality, we can see that in Ecuador, binding alimony between spouses can only be granted while the marriage is in force. Judicial action is required to request the competent authority to determine the value to be set. The party filing the claim is obligated to prove their disadvantaged economic situation. Unlike the child support regime for children and adolescents, which is technically regulated in the Children and Adolescents Code through pension tables, proportionality criteria, and binding guidelines, an analysis of Article 349 of the Civil Code reveals that it lacks a specific regulatory system governing binding alimony between adults, particularly between spouses, which constitutes a substantial regulatory gap. Faced with this legal reality in Ecuador, we can see that currently the judicial processes where congruent alimony is developed in the marital bond are subject to the sound criticism of the judge regarding the determination of the amount of the pension and the acceptance of the claim, making it necessary to apply a reform to the current norm where objective criteria for fixing and duration of the alimony are integrated, which allows for compliance with legal security and the effective protection of the rights of the spouse in a situation of vulnerability or lack of protection due to economic factors.