In setting the amount of the compensatory benefit, judges should not take into account the common life before marriage, but only the duration of the marriage. This is recalled by the Court of Cassation in its decision of 5 December 2018.
At the end of the divorce, a wife had obtained a compensatory benefit in the form of a capital sum. In determining the amount, the Court of Appeal had considered that, although the marriage had lasted only two years, the common life had lasted about six years during which the wife had assisted her husband in his professional activity.
The stop is broken. According to the Court of Cassation, the length of the common life prior to the marriage should not be taken into account in determining the compensatory benefit. Only the length of the marriage should be taken into account.
