Divorce - Is it necessary to pay a compensatory allowance?

What is the difference between compensatory allowance and alimony?

Compensatory allowance and alimony both have very different objectives. Alimony derives from theobligation to provide maintenance set out in article 205 of our Civil Code: "Children owe maintenance to their father and mother or other ascendants who are in need". In a divorce, alimony will be paid to the children, whereas the compensatory allowance will be paid to the ex-spouses. The purpose of the compensatory allowance is to compensate for the lower standard of living that may result from the divorce. In practical terms, this very often concerns the spouse who has given up all professional activity in order to look after the children. The spouse who continues to work will have to mitigate this income gap by paying the other spouse a kind of "financial compensation" known as "compensatory allowance".

Please note!

Depending on the type of divorce, the amount and terms of the compensatory allowance will be decided either by the ex-spouses, or by the family court judge.

What form can the compensatory allowance take?

Once the amount of the compensatory allowance has been set, the method of payment must be defined:

• it can take the form of a lump sum paid to one of the former spouses. Payments can be staggered over a maximum period of 8 years. Real estate may also be granted, with full ownership, right of use and habitation, or even usufruct.
• the compensatory allowance may also take the form of an annuity, if the creditor's state of health or other difficulties make it difficult for him or her to meet his or her needs. It is up to the judge to decide on these special arrangements.

What can be done in the event of non-payment of compensatory allowance?

Considered as a maintenance claim, non-payment of the compensatory allowance for more than 2 months constitutes an offence of family abandonment. There are a number of steps you can take to obtain payment. If your compensatory allowance is paid in the form of an annuity, you can request that it be paid directly by your employer or by a public body. To do this, you will need the services of a bailiff. You can also apply to the court of first instance to have your wages garnished. To recover arrears or capital, other procedures exist, such as seizure-attribution (which allows a deduction from bank accounts) or seizure-sale (which allows an asset to be sold for the benefit of the service creditor). The French Treasury can also recover sums owed on your behalf. Before initiating any of these procedures, you will need to provide proof of an enforceable title, such as your divorce agreement and its certificate of filing with the notary.

Marie-Christine MENOIRE