Éloïse FOURNIER – LAWYER – Dijon – FRANCE

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Compensatory allowance

Palais des Ducs de Dijon The compensatory allowance is the sum to the payment of which a spouse can be condemned when the granting of the divorce leads to a disparity between the living conditions of the spouses.

Article 271 of the Civil Code gives the following criteria for setting the amount of this compensatory benefit : “The compensatory allowance is set 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 development in the foreseeable future. To this end, the judge takes into consideration in particular :

  • the duration of the marriage ;
  • the age and state of health of the spouses ;
  • their professional qualification and situation ;
  • the consequences of the professional choices made by one of the spouses during their cohabitation for the education of the children and the time that will still have to be devoted to it or to promote the career of his spouse to the detriment of his own ;
  • the estimated or foreseeable patrimony of the spouses, both in capital and in income, after the liquidation of the matrimonial regime ;
  • their existing and foreseeable rights ;
  • their respective retirement pensions situation, having estimated, as far as possible, the reduction in retirement rights that may have been caused, for the spouse creditor of the compensatory allowance, by the circumstances referred to in the sixth paragraph . "

The Judge will assess the amount of the compensatory allowance in particular based on the elements suggested by article 271 of the Civil Code.

The Cabinet FOURNIER will allow you, beyond the aforementioned legal criteria, to access legally recognized calculation methods to determine the amount that you can demand if you are the creditor spouse, or the amount beyond which you must defend if you are the debtor spouse.