Separation from bed and board - An alternative to divorce?

Why separate rather than divorce?

To consider legal separation, you must first be married. Note that legal separation does not dissolve the marriage, as the duties associated with it - as set out in the Civil Code - continue. It does, however, put an end to the obligation to live together. You are free to live at home on your own, while remaining married. This does not mean you can start a new life! You could be accused of cheating on your spouse during the legal separation, if fault-based divorce proceedings are subsequently initiated. Your freedom is not total... you have to remain faithful to your spouse!
If you wish to separate without breaking the marriage bond, you will need to initiate legal separation proceedings before the Tribunal de Grande Instance of your place of residence. Judgment of legal separation will then be pronounced by the family affairs judge in the same cases and under the same conditions as divorce (article 296 of the French Civil Code).
Applications for legal separation are generally made by couples whose religious convictions are opposed to divorce, or by people who still love each other, but for whom living together has become unbearable over time.

Is the procedure shorter than for a divorce?

An application for legal separation can be made by one or both spouses to the family court judge. Patience is required, as the procedure is similar to that for a divorce. A divorce can be granted by mutual consent (on joint petition or on accepted request) for fault or for definitive alteration of the marital bond. It is therefore neither easier nor quicker to initiate legal separation proceedings than to divorce. It should be noted that the services of a lawyer are mandatory. In terms of time and financial cost, legal separation is neither faster nor cheaper than divorce, so think twice. It could even end up costing you more if your legal separation is eventually converted to divorce.

What are the effects of separation?

From a personal point of view, the spouses remain married, but are authorized to stop living together. The duty of cohabitation ceases. The family judge will have to decide on the allocation of the family home and the fate of the children. Separation from bed and board leaves the duty to help and support the couple intact, unlike divorce, which puts an end to it once and for all (with the exception of divorce on grounds of breakdown of cohabitation, pronounced before the divorce reform came into force). Alimony may also be set, to be paid to the spouse in need. The judge takes into consideration the resources and needs of each spouse. In addition, each spouse may continue to use the other's name.
From a property point of view, legal separation entails a separation of assets. This means that spouses married under a community property regime will have to liquidate their matrimonial property in the same way as in a divorce. In the event of death, the surviving spouse retains the rights to the other's estate provided for by law (unless otherwise agreed). However, gifts and other matrimonial benefits are revoked.

Difference between compensatory allowance and alimony
Alimony is financial assistance paid to a person to whom you owe a duty of support (children, parents, even a spouse).
Compensatory allowance is intended to compensate for the lower standard of living resulting from a divorce. It is therefore intended solely for the ex-spouse.

Stéphanie SWIKLINSKI