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 rules of maintenance obligations.
However, where the consistency of the assets of the debtor spouse lends itself to this, the alimony is replaced, in whole or in part, by the constitution of a capital sum, according to the rules of articles 274 to 275-1,277 et 281. If this capital becomes insufficient to cover the creditor’s needs, the creditor may request a supplement in the form of maintenance.