Compensation is one of the major issues at stake in a divorce. It is intended to compensate for the difference in standard of living between the spouses after separation. Its calculation depends on a number of criteria: length of marriage, income, assets, age, health, professional capacities…
Understanding these parameters is essential to protect your rights, whether your divorce is amicable or contentious, especially in Toulon.
Understanding compensatory allowance
Definition and objectives of the compensatory allowance
Compensatory allowance is a financial award intended to compensate for the disparity in the spouses’ respective living conditions created by divorce.
It does not punish behavior: its sole aim is economic equity.
The difference between compensatory allowance and division of property
- Property division: distribution of joint or undivided assets between spouses.
- Compensatory allowance: sum paid after division to reduce a difference in standard of living.
For other patrimonial aspects (custody, pension, assets), consult our general page. Family and personal law :
Amicable divorce vs. contentious divorce
- Amiable: the spouses set the amount together, which is then validated by the notary.
- Litigation: the judge makes a decision after analyzing the financial documents.
Conditions for granting a compensatory allowance
Legal criteria for entitlement to a compensatory allowance
According to article 270 of the Civil Code, the compensatory allowance depends on :
- The age of the spouses,
- Their state of health,
- Income and career prospects,
- Duration of marriage,
- Existing and foreseeable assets,
- The couple’s lifestyle choices (e.g. a parent who has given up his or her career).
Spouses’ assets, income and needs
The judge analyzes the overall economic situation of the spouses:
- Stable or irregular income,
- Debts,
- Real estate assets,
- Standard of living during marriage,
- Current expenses (housing, children…).
Role of the family court judge
The Family Court assesses whether the divorce creates a real disparity between the spouses’ living conditions.
If it considers this to be justified, it sets the amount and method of payment.
Calculating the compensatory allowance
Calculation methods used by the judge
The law does not provide any mathematical formula, but magistrates use indicative scales:
- Lump sum based on income difference × length of marriage
- Comparative analysis of future living conditions
- Assessing assets and savings capacity
Indicative amount depending on the situation
For information :
- Short marriage (less than 5 years): a rare service
- Average wedding (10-20 years): a few thousand to tens of thousands of euros
- Long marriage (20-30 years): possible benefits from €30,000 to €100,000 or more
Every situation is unique, which is why it is so important to have a lawyer who is familiar with the local practices of the Toulon court.
Case study: a couple in Toulon
- Marriage: 18 years
- Husband’s income: €4,000/month
- Wife’s income: €1,500/month
- Age: 50
- The wife interrupted her career to raise the children
Example of a possible decision:
Compensatory allowance of €45,000, payable in a lump sum or in instalments.
For full support, see our page :
Divorce lawyer Toulon
Payment terms and adjustment
Lump sum or annuity: choice and impact
Two forms are available:
- Capital (most common form)
- Life annuity (rare, reserved for situations of extreme disparity)
Payment options :
- Immediate,
- Spread over 1 to 8 years.
Revision or reassessment possible
The service can only be modified if :
- Major change in resources,
- Death of the debtor spouse,
- Unforeseen circumstances.
Consequences of non-payment
- Financial seizures,
- Interests,
- Civil penalties,
- Possible intervention by the Treasury.
The lawyer’s role in compensatory allowance
Calculation and strategy consulting
Lawyer:
- Analyze your income and expenses,
- Identify disparities,
- Estimate a realistic amount,
- Prepares essential financial documents.
Assistance before the judge
He presents your arguments at :
- The status hearing,
- The pleading hearing,
- Discussion of financial measures.
Securing financial rights
The lawyer secures :
- Your requests,
- Drawing up an amicable divorce agreement,
- Payment and terms of payment.
Why choose our Toulon office?
Expertise in divorce and compensatory allowance
We are familiar with the practices of the Toulon judicial court and the criteria used by local judges.
Personalized, practical support
Each case is studied in detail: income, assets, expenses, interrupted career, impact of childcare…
Knowledge of local courts and judges’ practices
Real added value for preparing a solid case and anticipating court rulings.
FAQ – Compensatory allowance
What is a compensatory allowance and what is it for?
To compensate for the difference in standard of living created by divorce.
How is it calculated in Toulon?
Depending on income, assets, expenses, length of marriage and professional capabilities.
What are the eligibility criteria?
Real economic disparity between the spouses.
Lump sum or annuity: which to choose?
Lump-sum payments are preferred, while annuities are used for serious cases.
What if the other spouse doesn’t pay?
Referral to the judge, seizures, possible financial penalties.
