Chapter III: Consequences of divorce

Compensatory allowance fixed in the form of an annuity may be revised, suspended or withdrawn in the event of a significant change in the resources or needs of either party. The revision may not have the effect of increasing the annuity to an amount greater than that initially fixed by the judge.

The debtor of a compensatory allowance in the form of an annuity may, at any time, apply to the judge for the substitution of a capital sum for all or part of the annuity. The substitution is made in accordance with procedures laid down by decree in the Conseil d’Etat. The creditor of the compensatory allowance may make the same application if he establishes that a change in the debtor’s…

Independently of the legal or judicial mortgage, the judge may require the debtor spouse to set up a pledge, give security or take out a contract guaranteeing payment of the annuity or capital.

In the event of divorce by mutual consent, the spouses set the amount and terms of the compensatory allowance in the agreement drawn up by private deed countersigned by lawyers or in the agreement that they submit to the judge for approval. They may stipulate that payment of the allowance will cease on the occurrence of a specified event. The benefit may take the form of an annuity granted for…

The homologated agreement has the same enforceability as a court decision. It can only be amended by a new agreement between spouses, also subject to homologation. The spouses nevertheless have the option of stipulating in their agreement that each of them may, in the event of a significant change in the resources or needs of either of the parties, ask the judge to review the compensatory allowance. The provisions set…

Where, pursuant to article 268, the spouses submit an agreement relating to compensatory allowance to the judge for approval, the provisions of articles 278 and 279 are applicable.

On the death of the debtor spouse, payment of the compensatory allowance, whatever its form, is deducted from the estate. The payment is borne by all the heirs, who are not personally liable for it, up to the limit of the assets of the succession and, in the event of a shortfall, by all the legatees by particular title, in proportion to their emolument, subject to the application of Article…

By way of derogation from Article 280, the heirs may decide together to maintain the forms and methods of payment of the compensatory allowance that were incumbent on the debtor spouse, by undertaking personally to pay this allowance. On pain of nullity, the agreement is recorded in a notarial deed. It may be relied on as against third parties from the time it is notified to the creditor spouse where…

Any reversionary pensions paid in respect of the deceased spouse are automatically deducted from the amount of the compensatory allowance, where the latter, on the date of death, took the form of an annuity. If the heirs exercise the option provided for in article 280-1 and unless otherwise decided by the judge, a deduction of the same amount shall continue to be made if the creditor loses his entitlement or…

The transfers and relinquishments provided for in this paragraph shall, irrespective of the manner in which they are made, be considered as participating in the matrimonial property regime. They shall not be treated as gifts.