Divorce in 2026: How to manage housing and the Parenting Plan in Catalonia

Divorce in 2026: How to Manage the Housing and Parenting Plan in Catalonia

Facing a marital breakdown in 2026 goes beyond the emotional aspect; it is fundamentally a logistical and economic challenge. At Bufet Trujillo, we are witnessing how inflation and the real estate market in the Cambrils and Tarragona area are influencing divorce agreements more than ever.

If you are considering a separation, these are the three key points you need to know to protect your future and that of your children:

1. The use of the family home: No longer "forever"

In Catalonia, the attribution of the home is a complex issue. The current trend in the courts is to limit the attribution of the usage of the home over time.

• If there are children: It is usually attributed to the parent who retains custody, but temporarily (typically until the child is of legal age or achieves economic independence).

• If custody is shared: If there is a significant difference in resources between the parents, it may be attributed for a short time (2 or 3 years) to the one in greater need to allow them to organize their new life.

Useful advice: In 2026, we are recommending negotiating the sale of the home or the allocation to one of the parties from the outset to avoid conflicts when the right of use concludes.

2. The Parenting Plan: Your "life insurance"

In Catalonia, it is mandatory to present a Parenting Plan. It is not a mere formality; it is the document where the details of how the children will be cared for are outlined. Under current circumstances, a good plan should include:

• Digital protocol: The age at which they will have a mobile phone, social media control, and usage times.

• Extraordinary expenses: Clearly define what is "extraordinary" (orthodontics, psychologist, English lessons) to avoid going to court each time a payment arises.

• Local logistics: Details about pick-ups from schools or activities in Cambrils and surrounding areas, anticipating potential changes in residence.

3. Economic compensation due to work-related reasons

Given that in Catalonia the default regime is Separation of Assets, many individuals fear being left unprotected if they have devoted themselves to the family or worked for the other spouse's business.

• In 2026, we continue to apply article 232-5 of the Catalan Civil Code, which allows claiming economic compensation if one party has worked substantially more for the household than the other. This is separate from child maintenance.

Conclusion

An amicable divorce will always be faster and more economical than a contentious one, but it is only "good" if the agreement is well-drafted and anticipates issues for the next 10 years. At Bufet Trujillo, we specialize in transforming a difficult moment into a solid agreement that provides you with peace of mind.