How can we compensate for the income inequality caused by our separation?
Compensatory allowance aims to correct the disparity that the dissolution of the marriage creates in the respective living conditions of the spouses.
This disparity is assessed by the judge according to (Article 271 of the Civil Code):
– the duration of your marriage,
– your age and state of health,
– your professional qualifications and situation,
– the consequences of your choices during your life together,
– your existing pension rights,
– your respective assets and resources, both current and foreseeable.
For example, a 10-year marriage with a career break to raise children and a clear disparity in income may justify a significant allowance.
The amount of the compensatory payment is also determined by taking into account the share that each party receives after the liquidation of the matrimonial property regime.
For example, if one of you receives significant assets or sums of money during the liquidation, this may reduce the need for additional compensation.
In the case of divorce by mutual consent, your lawyers negotiate the amount of the compensatory allowance directly, which is then included in the agreement filed with the notary. This agreement must be balanced, otherwise it will be null and void.
In the event of a contested divorce, the judge will decide on the basis of the evidence produced and the criteria mentioned above. Preparing the case with your lawyer, estimating your needs and ability to pay, and assessing the sacrifices made are therefore crucial.
Gaëtan ESCUDEY will assist you in accurately assessing the financial consequences of your separation and asserting your rights to fair compensation.