Selecting a language will automatically trigger the translation of the page content.

Divorce: what happens to a spousal donation or matrimonial benefit?

Verified 03 March 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The consequences of a divorce on a donation between spouses or a matrimonial advantage are different depending on whether the consequences occur during the marriage or upon the death of one of the spouses.

It is advisable to contact a professional (notary, lawyer, etc.).

Répondez aux questions successives et les réponses s’afficheront automatiquement

Last Live Donation

Donation to the last living is automatically annulled in the event of divorce unless the spouse who consented to it decides to maintain it. This will of the spouse must be established by the family court when the divorce is pronounced.

Donation during marriage

Donation made after 1 January 2005

Donation made since 1to January 2005 East irrevocable whether it has produced effects during the marriage (for example, it may be a sum of money or valuables).

Donation made before 1 January 2005

Donation made before 1to January 2005 East revocable at any time.

Marital advantage

Producing its effects during marriage

Divorce has no effect. For example, it is the choice of the universal community rather than the acquired community.

Effective on the death of one of the spouses

Divorce cancels this benefit, unless the spouse who consented to it wishes otherwise. For example, it is the attribution of the entire community to the surviving spouse.