Shared Custody: Current Situation and Legal Framework in Catalonia

Shared Custody, Now Close to 50% of Divorces in Spain: Current Situation and Legal Framework in Catalonia

1. What is shared custody and how does it differ from sole custody?
2. What do the INE data show? Shared custody exceeds maternal custody for the first time
3. What does the law say? The national legal framework and the role of the judge
4. Does Catalonia have its own legislation? Differences from the rest of Spain
5. What factors does the judge assess when deciding whether shared custody is appropriate in a specific case?

In little more than a decade, shared custody has gone from being an exception to becoming the most common arrangement in divorces involving children in Spain. Data from the National Statistics Institute (INE) for 2024 confirm that, for the first time, shared custody has overtaken exclusive maternal custody. Behind this figure lies a profound shift in case law, a notable social evolution, and — in the case of Catalonia — a distinct regional legal framework that is worth understanding.

1. What is shared custody and how does it differ from sole custody?

Shared custody is the arrangement under which children live alternately with both parents according to an agreed or court-ordered schedule, with both parents exercising parental authority effectively over decisions affecting the child: education, healthcare, and place of residence. It differs from sole custody in that, under the latter, the child lives primarily with one parent — usually the mother — while the other exercises a visiting arrangement. Shared custody does not necessarily imply a strict weekly alternation: courts accept a wide range of models adapted to each family’s circumstances. What matters is not the arithmetic division of time, but the effective involvement of both parents in day-to-day upbringing.

2. What do the INE data show? Shared custody exceeds maternal custody for the first time

In 2024 there were 82,991 divorces in Spain, 8.2% more than the previous year. Shared custody was awarded in 49.7% of divorces involving children — 1.3 percentage points more than the previous year — the highest figure on record. For the first time, shared custody has become the most frequent arrangement in opposite-sex divorces, surpassing sole maternal custody, which fell to 46.6%. Sole paternal custody remains a minority option, at 3.4%.

In 50.8% of opposite-sex divorces there were minor children over whom custody had to be determined. The decade-long trend is striking: in 2015, shared custody was awarded in only 13.0% of divorces with children; by 2020 it had reached 21.9%; in 2023 it exceeded maternal custody for the first time; and in 2024 it consolidates that lead with close to half of all cases.

The associated economic data also merit attention. Child maintenance was ordered in 54.8% of divorces; in most cases payment fell to the father (52.9%), while in 43.3% it was shared between both spouses. Compensatory maintenance was set in only 7.0% of divorces, and in 90.9% of those cases payment was assigned to the husband. The spread of shared custody has not eliminated the economic asymmetry arising from divorce, raising important questions about the coherence between the model of shared parental responsibility and the distribution of the resulting financial obligations.

Source: INE, Statistics on Nullities, Separations and Divorces, press release of 18 July 2025.

3. What does the law say? The national legal framework and the role of the judge

At the national level, shared custody is governed by Article 92 of the Civil Code. This provision allows the judge to order it both where the parents agree and where they do not, provided it is in the best interests of the child. The turning point in its practical application came from the case law of the Supreme Court.

Supreme Court Judgment No. 257/2013, of 29 April (Reporting Judge: Hon. Mr José Antonio Seijas Quintana, Rec. 2525/2011), established as binding doctrine that the interpretation of Articles 92.5, 92.6 and 92.7 of the Civil Code must be grounded in the best interests of the minor children concerned, and that shared custody must be considered normal and indeed desirable, so as to give effect to children’s right to maintain a relationship with both parents.

Since then, the Chamber’s doctrine has been clear and consistent: shared custody does not operate as an exceptional measure but as the normal one. The practical consequence is that whoever opposes shared custody in contentious proceedings bears the burden of establishing, with specific arguments relating to the child’s best interests, why that arrangement is not appropriate in the particular case. It is not enough to invoke, in general terms, a difficult relationship between the parents: case law requires proof of a causal link between that personal conflict and its concrete impact on the child.

4. Does Catalonia have its own legislation? Differences from the rest of Spain

Catalonia has its own family law framework, contained in Book II of the Catalan Civil Code (CCCat), enacted by Law 25/2010, of 29 July. Article 233-10 CCCat provides that custody shall be exercised in the manner agreed by the spouses in the parenting plan, unless this would be detrimental to the children. Where no agreement is reached, the judge shall order shared custody, unless sole custody is considered more beneficial for the child. This places mediation between the parties as the primary mechanism, with sole custody as a residual option.

This difference in approach has significant practical consequences. In Catalonia, the question is not whether shared custody is possible or appropriate, but how that shared exercise of parental responsibility is to be organised. The parenting plan — governed by Articles 233-8 et seq. of the CCCat — requires parents to anticipate and negotiate the rules of cohabitation with their children: the residence schedule, the child’s primary home, criteria for ordinary and extraordinary decisions, and arrangements for communication between parents. In contentious proceedings, the absence of a parenting plan, or a plan that is purely formal, is viewed negatively by Catalan courts.

Catalan law applies to couples with Catalan civil law status (vecindad civil catalana). For those with common or foreign civil law status who are resident in Catalonia, determining which law applies requires a prior analysis of inter-regional private international law rules or, in cases with an international element, of private international law.

5. What factors does the judge assess when deciding whether shared custody is appropriate in a specific case?

Shared custody is not awarded automatically. Under both the Civil Code and the CCCat, the judge carries out an individual assessment based on criteria established by case law. STS 257/2013 set out the factors to be weighed: each parent’s prior caregiving practice, parental aptitude, the wishes of the children, fulfilment of parental duties, mutual respect between the parents, and technical reports. The First Chamber has continued to develop and apply these criteria in numerous subsequent rulings.

In practice, the factors carrying the greatest weight are the following. Prior involvement in ordinary caregiving — who took the child to and from school, who managed medical appointments, who organised extracurricular activities — is often the most decisive factor, because it reflects the actual sharing of responsibility before the separation. The proximity of both parents’ homes directly affects the viability of the arrangement, particularly when children are of school age. Serious and persistent conflict may prevent shared custody, but case law requires that the conflict be of sufficient intensity to affect the child adversely. The child’s own views carry increasing weight as the child matures, pursuant to Article 233-11 CCCat and Article 9 of Organic Law 1/1996 on the Legal Protection of Minors. Finally, reports from the court’s psychosocial technical team, when requested, carry significant — though not binding — weight.

Conclusion

• Shared custody reached 49.7% of divorces involving children in Spain in 2024, exceeding sole maternal custody (46.6%) for the first time, according to INE data (press release of 18 July 2025).
• This evolution is a direct consequence of the doctrine established by the Supreme Court in STS 257/2013 (29 April, Reporting Judge Seijas Quintana, Rec. 2525/2011), which declared shared custody the normal and desirable arrangement in the child’s best interests — not an exceptional measure.
• In Catalonia, Article 233-10 CCCat establishes shared parental responsibility as the normative starting point, with the parenting plan (Arts. 233-8 et seq. CCCat) as the mandatory instrument for structuring its exercise.
• Shared custody is not automatic: the judge assesses on a case-by-case basis each parent’s prior caregiving involvement, proximity of homes, capacity for co-parenting, the child’s views, and available technical reports.
• The spread of shared custody has not eliminated economic asymmetry: child maintenance and compensatory payments remain predominantly assigned to the father, creating tensions between the model of shared parental responsibility and the distribution of the financial obligations arising from divorce.
• Whoever opposes shared custody in contentious proceedings bears the burden of establishing, with specific arguments relating to the child, why that arrangement is not appropriate in the particular case.

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This article is for informational and educational purposes only. It does not constitute personalised legal advice. For any specific query, it is recommended to consult a qualified legal professional.

Investigación Azuara&Baviera Abogados
Article No. 3 — April 2026
Author: Investigación Azuara&Baviera Abogados
Coordinating Author: Eduard Baviera Bea (Copyright)