Section 2: Consequences of legal separation

Legal separation does not dissolve the marriage but puts an end to the duty to cohabit.

Each of the separated spouses retains the use of the other’s name. However, the legal separation agreement by private deed countersigned by lawyers filed with a notary, the legal separation judgment or a subsequent judgment may, taking into account the respective interests of the spouses, prohibit them from doing so.

In the event of the death of one of the legally separated spouses, the other spouse retains the rights granted by law to the surviving spouse. In the event of legal separation by mutual consent, the spouses may include in their agreement a waiver of the inheritance rights conferred on them by the articles 756 to 757-3 and 764 à 766.

Separation from bed and board always entails separation from property. As regards property, the date on which legal separation takes effect is determined in accordance with the provisions of articles 262 to 262-2.

The legal separation leaves the duty of support intact; the judgment pronouncing it or a subsequent judgment sets the alimony that is due to the needy spouse. Alimony may also be provided for in the agreement for legal separation by mutual consent. This alimony is awarded regardless of fault. The debtor spouse may nevertheless invoke, where appropriate, the provisions of article 207, paragraph 2. This alimony is subject to the…

Subject to the provisions of this section, the consequences of legal separation shall be governed by the same rules as the consequences of divorce set out in Chapter III above.