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If my partner is unfaithful to me, could I legally claim it?

It may be the case that the infidelity itself has caused some type of damage to the other spouse that may be the subject of an economic claim. As an example, if the infidelity resulted in the begetting of a child, who has posed as the biological child of the spouse and later it is shown that is not.

Although there is no unanimity in the spanish jurisprudence, there are already judgments that they have sentenced the mother to compensation for moral damages when there has been deception in concealing paternity.

Even in some cases, such as that of the Provincial Court of Barcelona (Section 18, Sentence 27/2007 of 16 Jan. 2007) without the need for the deception to have been deliberate, since the sentence to compensation of € 15,000 is based on negligence on the part of the mother, who did not adopt the necessary measures to find out who the father was, despite having maintained relations with her husband and another man at the time of conception, especially considering that it is very simple in the current social context to access biological paternity tests.

In conclusion, we can cite the judgment of March 3rd, 2016 of the Provincial Court of Cantabria in which both things were requested by the plaintiff: non-pecuniary damages and the return of alimony, and only the first was granted, this is a compensation of € 30,000 from the mother for hiding from him for 18 years that the daughter of the marriage was not his.

Nevertheless, we must be clear about the fact that what has been said above are isolated cases and not generalized sentences in our country.

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