A study of judicial sentences on guardianship and custody of children: persistence of gender roles and consequences of post-divorce

This article addresses not only the family consequences but also the social and economic ones that take place after the divorce or separation of couples with children. The judicial sentences from the family courts in the Provincial Courts of the Autonomous Community of Galicia (Spain) between the years 2009 and 2020 have been reviewed, resulting in a total of 776 sentences. The analysis of custody reveals a persistent and traditional distribution of roles, in which the woman continues to be assumed as the primary caregiver of the children. Alimony constitutes one of the cornerstones of this process, with the payment predominantly falling on the father as the non-custodial parent. The results regarding alimony are particularly relevant, as a high percentage of the cases analyzed show a low amount of alimony awarded. The absence of a binding formula in our country for determining the amount of alimony does not facilitate the dignification of this primary responsibility and legal obligation of the non-custodial after or divorce.