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Spousal maintenance overview
Spousal maintenance payments
Recovering payments and spousal maintenance arrears
PacisLexis Family Law
Calculate spousal maintenance
Only spouses so married couples may be entitled to a maintenance claim or to pay for spousal maintenance and your lawyer’s firm can help you calculate the award.
Spousal maintenance definition:
Spousal maintenance is a payment paid by a spouse to the other spouse if a spouse doesn’t have enough income after you’re separated from the other.
When a spouse has much higher income than the other, there may need to be a period of ongoing financial support in order not to affect the well-being of the other.
The paying spouse is the debtor and the one receiving the allowance is the recipient.
Spousal maintenance and child maintenance
Spousal maintenance is not the same as child maintenance. Moreover in France, the system is more complicated. There are 2 types of spousal maintenance.
In France, you can be entitled to pay spousal maintenance for ‘le droit de secours’ as spousal maintenance in English and is paid by the richest spouse to the other when they are separated but still married so it means it’s a spousal maintenance before the divorce’s final order.
‘La prestation compensatoire’ also spousal maintenance in English is monthly payments made by the richest spouse to the other after the divorce. This type of spousal maintenance is fixed by the French family law courts.
Child maintenance covers how your child(ren)’s living cost will be paid when one of the parents does not live anymore with the child.
To sum up:
In France, ‘Prestation compensatoire’ is spousal maintenance for couples who are legally divorced.
In France, ‘Pension alimentaire au titre du devoir de secours’ is spousal maintenance for separated couples but not legally divorced yet.
In France, ‘Pension alimentaire’ is Child maintenance.
Whether you are the paying spouse or the recipient, our firm located in PARIS ensures the defence of your interests in the context of your divorce proceedings. We can offer you an appointment within 48 hours, either in person at our offices in PARIS, over the phone, or through video chat. First French law firm in the metaverse, we would be delighted to welcome you to our virtual offices!
Calculate spousal maintenance
Let’s calculate your spousal maintenance (once you are legally divorced)
Our lawyer’s firm determines the level of maintenance whether you are the paying spouse or the amount you are entitled to.
We use traditional method to assess the level of maintenance. However, to avoid the uncertain legal outcome and your needs, we also use IA to provide an accurate assessment.
The IA report is useful for uncontested or contested disputes.
Calculate spousal maintenance
Spousal maintenance overview
In France, am I entitled to spousal maintenance if I’m not married?
No!
Spousal maintenance only applies to married couples.
If you are in a civil partnership or cohabitation, you can agree any ongoings payments between you as a separated couple within your agreement. Otherwise you cannot make a claim for spousal maintenance through Courts.
Can you always claim spousal maintenance with a divorce?
No!
Noone is automatically entitled to spousal maintenance. In other words, you have to make a claim. If you don’t make a claim, Courts won’t decide.
On the other hand, it’s not because you make a claim that you will get it. Income from both parties is considered and you will have to evidence your claim.
In France, grounds for divorce can affect your ability to claim spousal maintenance because the behaviour that caused the marriage to end is considered. If you’re at fault and have engaged in a fault-based divorce, you will probably not be entitled to spousal maintenance.
Below here are some examples where spousal maintenance has not granted:
- Domestic abuse from a husband against his older wife because of her age (Cour d’appel Toulouse Chambre 1, section 2, 2 Décembre 2008, N° 916, 07/04181),
- Inability to engage in sexual intercourse (CA Toulouse, 6 novembre 2012, n° 11/00670),
- Inappropriate and rude behaviour from a spouse against the other (Cour d’appel de Toulouse, 6 novembre 2012, pourvoi n°11/00670).
Please note that spouses can also agree on not claiming at all.
Who sets spousal maintenance amount?
It depends!
There is no set formula to follow within the French civil code. Usually, the amount to be paid is ordered by the lawyers’ spouses and the court after considering their circumstances.
How is spousal maintenance calculated with an uncontested divorce?
Regarding uncontested divorce, the amount of the spousal maintenance to be paid is set within the deed and calculate by both parties’ lawyers. Both parties lawyers will challenge the amount for you.
If both parties reach an agreement regarding spousal maintenance amount, they also must set the T&Cs such as monthly payments or annuity or both).
If the parties can’t reach an agreement on the T&Cs, the family law judge will then ordered them.
How is spousal maintenance calculated with a contested divorce?
The court will decide both the amount to be paid and the length of time after considering the circumstances despites both parties can propose an amount for spousal maintenance.
How the amount of spousal maintenance is decided?
The amount to be paid is decided on both parties reasonable budgets and incomes as your assets.
In France the amount of spousal maintenance is decided based on:
- The length of the marriage: the longer the marriage, the higher the spousal maintenance
- Age and health of both spouses: the amount of spousal maintenance can be less if the paying spouse has health issues. If the recipient is in good health and young, the amount of spousal maintenance can be less.
- Professional circumstances: if moving forward you have a deficit each month to meet budget, the spousal maintenance amount can be higher. If you stopped working to raise your children, and/or pause a career, the spousal maintenance amount can also higher.
- Both spouses assets after ‘la liquidation du régime matrimonial’ as marital property division
- Pension plans and circumtances
- Spouses rights and duties
Calculate spousal maintenance
Spousal maintenance payments
Can a third party be entitled to or received spousal maintenance?
No!
Only married couples are entitled to spousal maintenance.
When is spousal maintenance due?
Spousal maintenance is due when the final order is served. The recipient can then request the payment.
- The amount of spousal maintenance can be paid by a lump sum up to 12 months after the divorce. It’s called a clean break.
- The spousal maintenance can be paid in the form of an annual lump sum: the paying spouse may not have enough funds to pay the full amount within 12 months after the divorce. However, according to French law, they are allowed to make annual payments, with a maximum duration of up to 8 years.
- The amount of spousal maintenance can be paid with an estate property or assets: spousal maintenance is paid with an estate property or piece of Art for instance). Spousal maintenance can also be a right granted to the recipient (example: the right to use a car).
- The spousal maintenance is an annuity: as spousal maintenance is based on your circumstances, lawyers and courts will consider the recipient’s health, age or any other needs. Spousal maintenance can be monthly payments for a certain period of time or for life.
- The amount of spousal maintenance can be paid with a mixed of both a lump sum and annuity or lump sum and monthly payments.
Spousal maintenance payments process in the UK
In the UK, the process for spousal maintenance payments typically involves the following steps:
Assessment of Need: The court assesses the financial needs of the spouse seeking maintenance, considering factors such as income, earning capacity, assets, and standard of living.
Negotiation or Mediation: Parties may attempt to negotiate an agreement on spousal maintenance payments either directly or through mediation services.
Court Application: If an agreement cannot be reached, the spouse seeking maintenance may apply to the court for an order determining the amount and duration of spousal maintenance.
Financial Disclosure: Both parties are required to provide full financial disclosure, including details of income, assets, and liabilities, to the court.
Court Hearing: The court holds a hearing to consider the evidence and arguments presented by both parties. The judge then decides whether to make a spousal maintenance order and, if so, the amount and duration of the payments.
Enforcement: Once a spousal maintenance order is granted, the paying spouse is legally obligated to make the payments as specified. Failure to comply with the order can result in enforcement action by the court.
Review and Variation: Spousal maintenance orders may be subject to review and variation if there are significant changes in circumstances, such as a change in income or financial needs.
Calculate spousal maintenance
Recovering payments and spousal maintenance arrears
Your ex has stopped paying spousal maintenance, what can you do?
In France, if the paying spouse has stopped paying for no good reason or refuse to pay you don’t have to go to Court to have the original judgement enforced.
You can recover overdue payments and arrears.
- Direct payment recovery: the best way to recover payments and arrears in France. A relatively cheap and quick method of recovery
- Charging order: allows the recipient to recover overdue payments and arrears by seizing the debtor’s bank accounts.
- Distress: seize the paying spouse’s goods. A relatively not-used method of recovery.
If none of these methods work, you can also ask the ‘Trésor Public’ as French financial services to recover the arrears on your behalf.
Legal penalties for spousal maintenance desertion
Not paying spousal maintenance in France is called marriage desertion. Failing to pay maintenance can lead to criminal sanctions, such as €15,000 fine and 2-year imprisonment.
To learn more about desertion, read our article :
Changes that might affect spousal maintenance payments
Paying or receiving spousal maintenance can be difficult for both parties. Changes in income, assets and other events might affect spousal maintenance payments.
– The amount of spousal maintenance is paid by a lump sum: the amount to be paid is ordered by the family law judge. Only payment arrangements can be reviewed (duration)
– The amount of spousal maintenance is an annuity: the amount to be paid is ordered by the family law judge.
If you or your ex have a significant change to your financial situation, you can ask payments to be reduced or increased.
What shall I do if my ex hides income and assets to avoid paying spousal maintenance?
Your ex can hide their income and assets. At court, you need to complete a full financial disclosure when getting a divorce to show your incomes and you have to sign off to be true and accurate.
When hiding income and assets it will affect the spousal maintenance ordered by the family law judge.
If your ex has committing fraud, you can petition the court to review the amount of spousal maintenance.
Recovering Spousal maintenance payments in the uk
Recovering spousal maintenance payments in the UK typically involves the following steps:
Obtain a Court Order: Spousal maintenance payments are often established through a court order, either as part of a divorce settlement or through a separate application to the court.
Ensure Compliance: The paying spouse is legally obligated to make the spousal maintenance payments as specified in the court order.
Communication: Initially, if payments are missed, the receiving spouse may attempt to resolve the issue through direct communication with the paying spouse.
Legal Action: If communication fails or if payments continue to be missed, the receiving spouse may take legal action to enforce the court order. This may involve applying to the court for enforcement proceedings.
Enforcement Options: The court has various enforcement options available, including:
- Deduction from Earnings Order: This allows the maintenance payments to be deducted directly from the paying spouse’s earnings by their employer.
- Charging Order: The receiving spouse may apply for a charging order, which places a charge on the paying spouse’s property, effectively securing the debt against it.
- Third-Party Debt Order: This allows the receiving spouse to recover the owed maintenance payments directly from the paying spouse’s bank account or other third parties who owe money to the paying spouse.
- Warrant of Control: This involves the court authorizing bailiffs to seize the paying spouse’s assets to recover the unpaid maintenance.
Review and Variation: If circumstances change, either party may apply to the court to vary the spousal maintenance order. For example, if the paying spouse’s financial situation significantly changes, they may seek to have the amount of maintenance reduced.
It’s essential for both parties to seek legal advice to understand their rights and obligations regarding spousal maintenance payments and the enforcement process in the UK.
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Calculating child maintenance payments
Child maintenance calculations can vary between countries, and both France and the UK have their own systems for determining child maintenance payments.
United Kingdom (UK):
In the UK, child maintenance payments are typically determined by the Child Maintenance Service (CMS), which is a government agency. The CMS uses a formula to calculate the amount of child maintenance that the non-residential parent (the parent who doesn’t have the main day-to-day care of the child) should pay. The formula considers factors such as the non-residential parent’s gross income, the number of children involved, and the number of nights the children spend with the non-residential parent.
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