QCOSTARICA – The Sala II of the Supreme Court upheld the divorce between an 80 year old man and his former wife, 29 years his junior.
The reason for divorce was based on the abuse he suffered while with her and that her only interest in the marriage was alimony (pension in Spanish). The Sala II confirmed the cruelty lived by the elderly man and the woman’s intent to cause him suffering and harm.
“There was a power of authority. Costa Rica legislation includes such as a cause for divorce,” said the bulletin issued by the Court press office.
“Witnesses told the Sala II that the man had had no communication with his family while living with the woman and when he finally was able to return to his sister’s house, he did so in poor health and when they ran into the woman in the street, she spoke in a derogatory manner about her former husband and expressed in her interest in alimony,” said the Court press release.
The decision by the High Court reiterated that the woman had full independence, while the man’s health suffered and required help in everyday tasks, making the man vulnerable and had been exposed to abuse.
The divorce was requested by the man’s family, asking the Family Court to declare the marriage dissolved based on cruelty and to exonerate him from paying alimony. The Family Court granted the divorce.
However, the woman appealed the case to the Supreme Court, “considering that the accusations made against her were false and that no evidence existed that her husband was abused by her.”
However, the Sala II dismissed the appeal and upheld the lower court decision.
“The (family) court did not err in assessing the evidence adduced by the plaintiff, existing grounds for divorce … finding not only acts of cruelty, by the man became depressed and his health suffered, which led to the divorce proceedings,” was the explanation by the Sala II.
The names were not released by the Court.