Alimony &compensatory allowance Lyon

What is alimony?

Each parent contributes to the maintenance and education of the children in proportion to his or her resources, those of the other parent, and the needs of the child. This obligation does not automatically cease when the child is of age (Art. 371-2 of the Civil Code).

A purely indicative table published by the Ministry of Justice will enable you to obtain an order of magnitude for your maintenance allowance.

What is the compensatory allowance?

Divorce puts an end to the duty of support between spouses. One of the spouses may be required to pay the other a benefit intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective living conditions. This benefit is a lump sum. It takes the form of a capital sum, the amount of which is fixed by the judge.

However, the judge may refuse to grant such a benefit if equity so requires, either in consideration of the criteria provided for in Article 271 of the Civil Code, or when the divorce is pronounced to the exclusive detriment of the spouse requesting the benefit, with regard to the particular circumstances of the breakdown. (Art. 270 of the Civil Code)

The compensatory allowance is fixed according to the needs of the spouse to whom it is paid and the resources of the other, taking into account the situation at the time of the divorce and its evolution in the foreseeable future.
Cabinet Strulovici Avocats  -  Qu'est ce que la pension alimentaire ?
Cabinet Strulovici Avocats - Qu'est ce que la pension alimentaire ?

Elements for calculating the compensatory allowance

The judge shall take into account in particular :

  • The length of the marriage
  • The age and state of health of the spouses
  • Their professional qualifications and situation
  • The consequences of the professional choices made by one of the spouses during their life together for the education of the children and the time that will still have to be devoted to it or to favour the career of his or her spouse to the detriment of his or her own
  • The estimated or foreseeable assets of the spouses, both in capital and in income, after the liquidation of the matrimonial regime
  • Their existing and foreseeable rights
  • Their respective situation with regard to retirement pensions, having estimated, as far as possible, the reduction in retirement rights that may have been caused, for the spouse receiving the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Art. 271 of the Civil Code)