Section 2: Consequences of divorce for the spouses

When a compensatory allowance is fixed, by the judge or by the parties, or when an application for review is made, the parties shall provide the judge with a statement certifying on their honour the accuracy of their resources, income, assets and living conditions.

The judge shall decide the manner in which the capital compensatory allowance is to be enforced from among the following forms: 1° Payment of a sum of money, whereby the granting of the divorce may be made subject to the provision of the guarantees provided for in Article 277 ; 2° Attribution of property in ownership or of a temporary or lifetime right of use, dwelling or usufruct, the judgment…

Where the debtor is unable to pay the capital sum under the conditions set out in article 274, the judge shall determine the terms of payment of the capital, up to a limit of eight years, in the form of periodic payments indexed in accordance with the rules applicable to maintenance payments. The debtor may request a review of these payment arrangements in the event of a material change in…

The methods of payment provided for in the first paragraph of Article 275 are not exclusive of the payment of part of the capital in the forms provided for by article 274.

Exceptionally, the judge may, by specially reasoned decision, where the age or state of health of the creditor does not allow him to support himself, fix the compensatory allowance in the form of a life annuity. It shall take into consideration the assessment factors set out in article 271. The amount of the annuity may be reduced, where circumstances so require, by the allocation of a capital fraction in one…

The annuity is indexed; the index is determined in the same way as for alimony. The amount of the annuity before indexation is fixed uniformly for its entire duration or may vary by successive periods according to the likely changes in resources and needs.

Compensatory allowance fixed in the form of an annuity may be revised, suspended or withdrawn in the event of a significant change in the resources or needs of either party.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…