Question to an expert
How will the amount of the compensatory allowance be decided in the context of my divorce?
When a divorce unbalances, financially, the living conditions of the spouses, a compensatory allowance can be paid by one to the other. Attention, this must be the subject of an express request and result from an approach on the part of the future ex-spouses. Its necessity does not have to be detected by the family court judge.
In the context of a divorce by mutual consent, this benefit is freely determined by the spouses. If it is a litigious divorce, it is necessary to make the request to the judge. He will study the desired amount, analyze the causes of the financial imbalance observed and validate or not the compensatory benefit requested.
An overall analysis of the current situation of each of the spouses is necessary. This analysis is often complex because it must take into account age, health and respective careers.
The burdens of everyday life
Most often, account will be taken of the professional and financial income of the spouses, their rights to unemployment benefits, their pension rights, etc. Inheritance expectations do not come into play. Nor the amounts paid for a disability.
On the other hand, account will be taken of all the expenses of everyday life – taxes, pensions paid to children or parents, special medical expenses, etc. This assessment will be supplemented by a prospective vision of the situation of the spouses.