Maintenance, compensatory benefit: what differences?

One family relationship must exist between the person who pays maintenance and the person who receives it.

Whoever receives it is unable to support himself.

The compensatory benefit may be claimed by a spouse, only in the event of divorce (divorce by mutual consent or judicial divorce).

It allows compensate the significant change in the standard of living that divorce can create for one spouse.

The concubines and civil partnership partners who separate cannot ask for it.

• Parents to minor child or major
• Children at their father and mother
• Gendres et brus at their stepfather or stepmother
• In the context of marriage: one spouse to the other in case of body separation or in fact.

The ex-husband to his ex-husband who, as a result of the divorce, suffers a drop in his standard of living.

Maintenance is commensurate with resources of the person who pays it (the debtor) and as needed of the person who receives it (the creditor).

The compensatory benefit shall be fixed on the basis of the difference in the current and future standard of living of the spouses.

Several factors are taken into consideration (duration of the marriage, age and state of health of the spouses, professional qualifications and situation, income of each spouse...).

It shall take the form of financial assistance paid every month in the form of rent.

It may also consist of aid in kind (obligation to provide accommodation, food and maintenance, etc.).

The compensatory benefit is paid in the form of a capital or a rent.

It can also be paid in other forms such as the allocation of ownership of property, one right of abode or of usufruct for example.

Its amount is revalued every year according to a calculation formula indicated in the court decision.

Its amount can be upgraded each year on the basis of a calculation formula indicated in the court decision or in the divorce agreement.

Its amount may be changed in the event of a change of situation (changes in the income or expenses of the debtor or creditor, the needs of the creditor...).

The amount of rent may be changed in the event of significant change in resources or needs either of the ex-spouses.

The terms of payment of the capital may be revised in the event of significant change in the situation of the debtor.

Maintenance is no longer being paid.

Payment of the compensatory benefit shall be passed on to the heirs.