Without prejudice to the application of article 270, damages may be awarded to a spouse to compensate for the particularly serious consequences he or she suffers as a result of the dissolution of the marriage either where he or she was a defendant to a divorce granted on the grounds of definitive alteration of the marital bond and had not himself or herself filed for divorce, or where the divorce is granted to the sole detriment of his or her spouse.
This application may only be made at the time of the divorce proceedings.