Rights and obligations of ex-spouses after divorce
Verified 19 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Once the divorce decree is pronounced, the mutual duties of fidelity, cohabitation, assistance, relief disappear. You can get married again.
As soon as you are divorced, you are no longer subject to the duty of loyalty to your ex-husband.
Once the marriage is transcribed on the margins of your marriage and birth certificate, you can marry again.
You can also close a Civil partnerships: titleContent.
FYI
the spouses don't have to wait for divorce to stop living together. They are allowed to no longer live together earlier in the judicial divorce proceedings (e.g. ordinance of interim measures taken by the JAF: titleContent).
After a divorce, you lose using your husband's or wife's name.
However, you can keep it in use, either with the consent of your ex-spouse or with the authorization of the judge.
You're no longer the heir of your ex-husband.
The donation to the last living is automatically canceled in case of divorce unless you decide to keep it.
Warning
the will is not automatically canceled in the event of divorce.
You must report your divorce to your tax department.
In the year of divorce, you have to file your own return with your income for the whole year.
FYI
spouses must already declare their income separately during divorce proceedings if they are allowed to reside separately.
Divorce ends duty of care between you and your spouse.
If you are in need after divorcing, your ex-husband is no longer obliged to help you financially or materially. Likewise, your ex-husband cannot ask for help under the duty to help.
FYI
one compensatory benefit may be fixed at the time of divorce. It makes it possible to eliminate the financial imbalances caused by divorce in the living conditions of former spouses.
The obligation to provide moral assistance also ceases with divorce. You no longer have to take care of your sick spouse, for example.
Compensatory benefit
The compensatory benefit helps to eliminate the financial imbalances caused by divorce in the living conditions of former spouses.
Generally, the compensatory benefit takes the form of an amount of money that one spouse is ordered to pay to the other. Payment of this amount may be spread over 8 years.
The service can also take the form of a rent awarded for a limited period.
Contribution to the maintenance and education of children
In order to meet the obligation to contribute to the maintenance and upbringing of children, a former spouse may have to pay a child support.
This pension is paid, in principle, to the former spouse in whom the common children reside.
The spouse's contribution may also consist of a sharing of the expenses related to the children.
Please note
a contribution to the maintenance and upbringing of children may already be fixed during the judicial divorce in a ordinance interim measures.
The spouses must liquidate their matrimonial regime following their judicial divorce. The liquidation of the matrimonial property regime allows to distribute the property among the spouses.
Who can help me?
Find who can answer your questions in your region
To inquire
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
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- Vendredi : de 13h00 à 16h15
Obligations of spouses during marriage (Articles 212 and 215)
Effect of divorce on the common name (Article 264)
Effect on inheritance
Duty to provide assistance and compensatory benefit
Separate charges
FAQ
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General Directorate of Public Finance
National Fund for Family Allowances (Cnaf)
