Abstract

TOBON BERRIO, LUZ ESTELA. Compensatory allowance: A tool for economic equity between genders in family states. Rev. Derecho Estado [online]. 2025, n.61, pp.231-256.  Epub Feb 12, 2025. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n61.09.

Contemporary family law must take up several challenges regarding to the family: to denounce latent inequalities and to propose mechanisms for constructing social and family scenarios for gender parity in life. In the context of divorce proceedings, the State is responsible for creating tools aimed at promoting a balance between the autonomy of the will of the family members and the protection of the vulnerable members of the family nucleus. This text is the result of a qualitative research, of a dogmatic legal nature, developed under a hermeneutic methodology. The familism category is implemented as a hermeneutical tool to demystify the family institution, giving rise to the critical examination of divorce norms. The analysis of the compensatory allowance as a patrimonial tool is articulated to propose scenarios of reconstitution of economic equity between genders. It is proposed to implement the lens of individual rights and freedoms to address the tensions that arise in marital dissolution proceedings.

Keywords : Constitutional law; family; familism; compensatory allowance; divorce.

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