What is the compensatory allowance?

What is the compensatory allowance?

The compensatory allowance aims to compensate for a disparity of financial situation between the spouses and it is a major issue of the divorce.

This compensation is a result of the analysis of the personal sacrifices of the spouse for the benefit of the common life. The disparities thus arise from the role in the maintenance of the home, in the education of the children at the expense of their own professional life played by one of the spouses and also in the future the consequences of this role in the professional perspectives.

Thus, the loss of lifestyle following divorce necessarily requires compensation.

The compensatory allowance then takes into account the duration of the marriage, the age and state of health of the spouses, their qualification and professional situations, the estimated or foreseeable wealth of the spouses after the liquidation, their existing and foreseeable rights and the estimate of their retirement pension.

The compensatory allowance must be requested before the divorce is pronounced, the irrevocability of the judgment rendering any subsequent application inadmissible.