Who can get it?
All spouses who divorce may have significant financial consequences and may ask the judge to award a compensatory allowance.
Thus, contrary to popular belief, in the context of divorce proceedings for misconduct, the offending spouse may not be denied the right to the compensatory allowance. However, if fairness dictates, the judge can refuse it, particularly in the case of a spouse's violence toward the other.
What is the amount?
The amount of the compensatory allowance is calculated based on the needs of those who demand it and the fortune of the spouse who pays it.
Also, there are certain details to be taken into consideration when determining the needs and resources:
- Age and health status of the spouses;
- Duration of marriage;
- Qualification and employment status according to the labor market situation in each respective areas
of pensions;
- Career choices made by one spouse during cohabitation, choices for children's education or for promoting
the career of another;
- State of each spouse’s goods at divorce; and
- Existence of a potential wife.
Unless there are exceptional cases involved such as a seriously ill spouse, the amount generally does not exceed one third of the resources of the one who pays.
The benefit is a lump sum and is paid primarily in the form of capital. The amount is fixed or approved by the court at once for the sum of money or assignment of goods. Moreover, there is the possibility in the form of payments over a period of 8 years. In this case, the payment amount is indexed as support.
Exceptionally, the benefit may be assigned by the judge as a life annuity. This is possible if the age or health status of the perceiver does not allow them to meet their needs. It can then be revised, suspended or removed if there is a significant change in resources or needs of the spouses involved.
What happens in case the debtor dies?
The compensatory allowance, whatever its form - principal, periodic payments or annuity - is levied on the estate and heirs are not personally liable for its payment. This means that if the amount of the estate cannot pay it in full, the debtor cannot ask the heirs to pay with their personal property.
Thus, if the compensatory allowance has been fixed as a lump sum payable by installments, the principal balance is levied on the estate. If the compensatory allowance has been set as an annuity, it is therefore replaced by a payable amount immediately.
Note: Do not confuse support with the compensatory allowance. They do not have the same role, or the same characteristics. The compensatory allowance may be subject to a deduction from taxable income for the person who pays it. If you need any help with any kind of pensions divorce, you should do some thorough research beforehand, so that you are not caught off-guard.
0 comments:
Post a Comment