Compensatory allowance and concealment of income
The facts:
The husband is 45 years old.
She has a monthly income of €4,650.
His monthly expenses are €3,217.
Its assets consist of :
- a property valued at 381,000 euros,
- parcels of land worth 42,000 euros
- and shares worth 50,000 euros.
The wife is 48 years old.
She is a driving instructor and a farmer.
Her monthly income is €1,290.
He therefore has 369 euros for rental income.
His monthly expenses amount to €1,628.
Its assets consist of a dwelling house.
Lastly, the couple have three children (two adults and a 15-year-old minor).
Procedure (Compensatory allowance and concealment of income) :
By overturning the judgment under appeal, the husband was ordered to pay a sum of compensatory allowance 35,000 to the wife.
The marriage lasted 21 years, including 16 years together.
The husband is 45 and the wife 48.
She took three years off work to bring up the children.
The spouses conceal their resources. However, previous decisions have shown that the husband's income is at least three times higher than the wife's.
Both spouses have their own assets, with only the husband's assets being assessed.
It therefore follows that the breakdown of the marriage will create a disparity in the spouses' living conditions to the detriment of the wife.
However, this disparity needs to be put into perspective with regard to the separatist regime having united the spouses.
Montpellier Court of Appeal, 2nd Family Division, 14 October 2021, RG n° 21/00665
What you need to know:
Do you think your standard of living will fall as a result of your divorce?
In this case, your ex-husband may have to pay you a compensatory allowance.
It can be paid in various forms. The amount can be set by the spouses or the family court. In the event of non-payment, it can be recovered by various means. The amount may be revised under certain conditions.
What is compensatory allowance?
Divorce can therefore create a new situation for one of the spouses. significant change in standard of living. The compensatory allowance is the payment of a sum intended to compensate this situation.
The amount is set according to the needs of the spouse to whom it is paid and the resources of the other spouse.
It may be due in the event of divorce by mutual consent or a legal divorce.
The judge may refuse to pay a compensatory allowance when the divorce is granted to the sole detriment of the spouse claiming it. The marriage must have broken down under special circumstances (e.g. domestic violence).
In principle, it is paid in the form of capital the amount of which is set by the judge or by the spouses in an agreement. agreement (Written agreement which legally commits those who sign it to fulfil an obligation.).
compensatory allowance can only be claimed in the event of divorce. Cohabitees and PACS partners only have the option of applying to the court for a divorce settlement. family court judge (Jaf) of damages (A sum of money intended to compensate for the loss suffered.) in the event of a wrongful termination (e.g. kicking the partner out without warning).
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