The compensatory allowance (prestation compensatoire) aims to correct the disparity that the breakdown of the marriage creates in the respective living conditions of the spouses.
The judge assesses this disparity according to the following factors (Article 271 of the French 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.
Example: a 10-year marriage with a career break to raise the children, and a clear disparity in income, may justify a significant allowance.
The amount of the compensatory allowance is also determined in light of the share that each of you receives after the liquidation of the matrimonial property regime (liquidation du régime matrimonial).
Example: if one of you receives significant assets or sums of money in the liquidation, this may reduce the need for additional compensation.
In a divorce by mutual consent (divorce par consentement mutuel), your lawyers negotiate the amount of the compensatory allowance directly, and it is then set out in the agreement filed with the notary. This agreement must be balanced, otherwise it will be null and void.
In a contested divorce (divorce contentieux), the judge will decide on the basis of the evidence produced and the criteria mentioned above. Preparing the case with your lawyer, estimating needs and ability to pay, and showing the value of the sacrifices made are therefore decisive.
I help you accurately assess the financial consequences of your separation and assert your right to fair compensation.
This general information does not replace a consultation: each situation requires individual assessment.
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