Spain Demands €2,755 from Him After His Divorce in Morocco: Moroccan Man Gets the Debt Cancelled

A father of three children whose income was insufficient to support his family, the Moroccan man applied in May 2021 to receive the Ingreso Mínimo Vital (IMV), Spain’s minimum income benefit.

The National Institute of Social Security (INSS) approved his application, effective June 1, 2021. His benefit was set at €700.90 per month.

A year later, his family situation changed. His wife left the marital home. The Moroccan man informed the administration himself electronically.

However, this step would backfire on him. The INSS suspended his benefit and asked him to provide a decision specifying, in particular, who had been awarded custody of the children, or proving that separation proceedings had been initiated.

On Bladi.net : Moroccan Woman Wins Widow’s Pension Against Spanish Social Security

The Moroccan man then submitted a ruling issued in October 2022 by a court of first instance in Oujda. The Moroccan document established his divorce and contained information regarding custody of the children.

But Spain’s Social Security administration refused to take it into account, on the grounds that the Moroccan decision had not been recognized by a Spanish court.

In November 2022, the INSS closed his file and considered that the benefits paid between July and September of the same year had been unduly received. Amount claimed: exactly €2,755.59.

The man then took the matter to court.

In March 2025, Barcelona Social Court No. 1 partially ruled in his favor. It annulled both the termination of the benefit and the €2,755.59 debt claimed by Social Security.

However, the decision does not mean that the Moroccan man will automatically continue receiving his €700.90 monthly payments. The administration must reassess his eligibility and recalculate the IMV amount based on the new composition of his household.

The INSS still demands €1,436

Social Security nevertheless refused to abandon the fight and appealed before the High Court of Justice (TSJ) of Catalonia.

The INSS then carried out a new calculation. According to the organization, given his new family situation, the Moroccan man should have received only €439.68 per month during the three months in dispute, or €1,319.04 in total.

After deducting this amount from the €2,755.59 already paid, the administration determined that another €1,436.55 remained to be repaid.

Ultimately, it was the amount of the debt that caused his appeal to fail.

In ruling STSJ CAT 5465/2026, the High Court of Justice of Catalonia found that the dispute concerned a sum below the €3,000 threshold required to bring this type of social-law appeal.

The judges therefore held that the INSS appeal should not have been admitted. They did not even have to decide whether the Moroccan man actually met all the conditions required to receive the IMV during the three months concerned.

The consequence is nevertheless very concrete: the Barcelona court’s decision cancelling the debt remains in force.

This new case follows a Moroccan woman’s victory against Spain’s Social Security administration, which refused to recognize her marriage celebrated in Morocco. Last March, a Moroccan retiree also recovered more than €15,000 claimed by the INSS because of his lengthy stays in Morocco.

On Bladi.net : A retired Moroccan forces the Spanish Social Security to back down and recovers 15,000 €

The Moroccan man therefore avoids repaying the €2,755.59. Social Security must now review his file again and determine the amount of the Ingreso Mínimo Vital to which he may be entitled given his new family situation.