The Civil Code provides that the spouses must respect each other, fidelity, relief and assistance. However, in the event of separation, one of the spouses may find themselves in need. As part of the interim measures, the family judge then determines the maintenance that one of the spouses will have to pay to his spouse. This pension presupposes that one is in need and that the other has sufficient resources. But what does the notion of need cover? That is the question asked by a member of the department.
In its response published on June 16, 2020, the Department of Justice outlined how the Family Court Judge determines the amount of support as part of a spouse's duty to provide assistance. He shall assess the standard of living to which the spouse receiving the pension is entitled in the light of his or her spouse's financial means.
The purpose of this pension is not only to provide for the needs of everyday life (housing, current expenses, health care, etc.) during the divorce proceedings. It must also aim, in view of the multiplication of incompressible fixed loads and the costs induced by separation, to maintain a standard of living as close as possible to that of the time of common life.
It is thus intended to ensure a certain balance between the lifestyles of each of the spouses during the divorce proceedings.
