Spousal Support During Divorce Proceedings: Understanding Its Principles, Calculation, Duration, and Payment

Spousal support granted under the duty of support is a cornerstone of marital solidarity under the French Civil Code.

This obligation, which often raises questions during separation, must be clearly understood in terms of its legal basis, how it is calculated, its duration, and the methods of payment.

1. Legal Basis of Spousal Support Under the Duty of Support

The duty of support arises directly from marriage and requires each spouse to assist the other in times of need.

It is enshrined in Article 212 of the Civil Code, which provides that “spouses owe each other respect, fidelity, support, and assistance.”

This solidarity, which generally poses no issue during married life, takes the form of spousal support in cases of separation or legal separation.

This obligation remains in effect:

• • • For the entire duration of the marriage, including cases of separation or legal separation.
    • Until the divorce decree becomes final. After divorce, the duty of support ends, possibly replaced by compensatory spousal support (alimony) if financial disparity remains.

2. Calculation of Spousal Support Under the Duty of Support

2.1. Eligibility Criteria

For spousal support to be awarded under the duty of support, the following conditions must be met:

• • • The requesting spouse must prove financial need, meaning the inability to meet essential needs alone.
    • The debtor spouse’s resources and expenses are taken into account.

The judge assesses these elements and may also consider the couple’s previous standard of living, sometimes awarding support beyond basic needs to maintain, as much as possible, the lifestyle of the receiving spouse.

2.2. Calculation and Arrangements

• • • There is no official formula: the amount depends on the couple’s situation and family context.
    • Spousal support may also be agreed upon by mutual agreement, especially in cases of legal separation by consent.

3. Duration of Spousal Support

Spousal support under the duty of support is due:

• • • As long as the marriage exists, meaning until the final divorce decree or reconciliation.
    • In cases of legal separation, indefinitely, unless particular circumstances apply.
    • It may also end if the receiving spouse seriously fails in their marital obligations (indignity) or if either spouse’s financial circumstances change significantly.

4. Payment and Recovery Methods

Spousal support is generally paid as a monthly allowance, but other arrangements are possible:

• • • In cases of legal separation, it may be replaced wholly or partly by a lump sum payment if the debtor’s assets permit.
    • Free use of the marital home may also be granted as part of the duty of support.
    • Payments may be made directly between spouses or enforced judicially in cases of default.

Recovery procedures include:

• • • Direct payment via wage garnishment from the debtor’s employer.

5. Revision and Termination of Spousal Support

Spousal support may be revised at any time if circumstances change (e.g., income variation, change in needs), and it may be terminated in the event of significant changes in the spouses’ situations.

6. Difference from Compensatory Spousal Support

It is important not to confuse spousal support under the duty of support (a temporary obligation while the marriage continues) with compensatory spousal support, which addresses financial disparities created by divorce and applies after the marriage is dissolved.

Summary Table

Conclusion

Spousal support under the duty of support is a specific marital obligation designed to ensure financial solidarity in cases of separation or divorce proceedings.

It is based on the creditor spouse’s needs and the debtor spouse’s resources, set either by the judge or by agreement, and generally continues until the divorce is final.

It must not be confused with compensatory spousal support, which is designed to address financial imbalances after divorce.

For further information or personalized legal advice, please do not hesitate to schedule an appointment.

© Photo : AI