Marriage and family relations

The State party should ensure, in the case of divorce, that the concept of joint marital property extends to intangible property, including pension and insurance benefits and other career-related benefits, and that joint property is divided equally regardless of each spouse’s individual contribution, and take further legal measures, as needed, to compensate for the unequal share of women in unpaid work and the resulting losses they may experience in their earning capacity, including by considering extending the possibility of awarding post-separation alimony or support awards, in line with the Committee’s general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution.

The State party should adopt the legal measures necessary to enhance the economic protection guaranteed to all women living in de facto relationships, in the form of recognizing their rights with respect to the property accumulated during the relationship, in line with the Committee’s general recommendation No. 21 (1994) on equality in marriage and family relations.

The State party should ensure that gender-based violence against women in the domestic sphere is taken into account in child custody or visitation decisions, especially when alternate residence is contemplated.