Contribution to the expenses of marriage
Verified 20 October 2022 - Directorate for Legal and Administrative Information (Prime Minister)
You are married and you want to know the obligations of each spouse to the expenses of the marriage? Know that each spouse must contribute according to his or her financial means. If your spouse doesn't pay his or her share, you can force him or her to pay. You must turn to the Family Affairs Judge (Jaf) and apply for a contribution to the marriage expenses. You can also ask them to review the amount of the contribution. We'll give you the information you need to remember.
Marriage expenses include all everyday expenses what it means to live together.
They include, inter alia:
- Accommodation
- Food
- Health
- Education of children
- Recreational expenses
Each of you two must contribute at the expense of the marriage.
You can agree on the allocation (for example, by marriage contract).
In the absence of any other choice, you must contribute based on your respective revenues.
Example :
If your monthly salary is €3,000 and your spouse's €1,500, you must contribute 2/3 of the marriage expenses. And your husband or wife for a third.
The contribution can be made in cash. It can also take other forms (e.g. family duties for a stay-at-home parent, provision of housing by the sole owner spouse).
The obligation persists if you're de facto separated.
Legal proceedings
If your spouse does not or does not contribute sufficiently to the costs of the marriage, you can ask the family judge to compel him to do so.
The use of a lawyer is not mandatory.
You must file your application with the Registry of the Tribunal.
You can choose one of the following courts:
- Place of your residence (on the day of your request)
- Place where your spouse resides in case of separation
You can submit your application by one of the following means:
- On the spot
- By mail RAR: titleContent
Who shall I contact
FYI
before you go to the judge, you should try to reach an agreement with your spouse. For example, you can send an e-mail inviting him to chat or use a family mediator.
You must use the application form to contribute to the expenses of the marriage:
Application for a contribution to the expenses of marriage
You must provide the address of your spouse.
It is up to you to prove the situation and to fix the amount of your request.
You must contact obligatory at your request the following documents:
- Full copy of your birth certificate (less than 3 months old)
- Full copies of your common dependent children's birth certificates (less than 3 months old)
- Full copy of your marriage certificate or a copy of your family record book
- Copy of your identity document (national identity card, passport,...)
- A copy of any court decision related to your application (e.g., Children's Judge's judgment)
Depending on your request, you must also attach the following documents:
- Proof of domicile (rent receipt, electricity bill,...)
- Copies of your last tax notice and income tax return
- Copy of your last 3 salary slips
- Proof of the social benefits you receive
- Proof of your expenses and resources (e.g. tuition, medical bills,...)
Depending on your situation, other documents may be requested by the judge.
Procedure before the judge
You are called in by mail RAR: titleContent at a Jaf hearing.
Both of you must appear in person, with or without a lawyer.
You must explain yourself before the judge (oral proceedings).
In the event of absence, the judge may take one of the following decisions:
- Do not review the matter and postpone it
- Judge with only the elements brought by the person present
FYI
if you want a lawyer and your resources are limited, you can benefit from a legal aidunder certain conditions.
Judge's decision and payment of the contribution
If your spouse does not meet his or her obligation to contribute to the expenses of the marriage, the judge shall fix the amount of his or her contribution.
The judgment is indicated to him by act of Commissioner of Justice (former bailiff and judicial auctioneer).
FYI
if your spouse does not pay the contribution imposed by the judge, you have several means of obtaining payment. If you use a Commissioner of Justice to get a direct payment, the costs are borne by your spouse.
Challenge of the judgment
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Your husband was present before the judge
Your spouse may appeal within one month of notification of judgment.
A lawyer is required.
Who shall I contact
Your husband was convicted in his absence
He can to oppose the judgment.
He shall have a period of one month from the day on which he was personally notified of the judgment.
He has to send an email RAR: titleContentat the registry of the tribunal.
Who shall I contact
If there is a change in your respective situations, the contribution amount may be changed (up or down) or deleted.
You must send a request to JAF: titleContent specifying the changes that have taken place (e.g. job loss).
Attach a copy of the previous court decision, along with the supporting documents for the changes.
You must use the following application form:
Application for a contribution to the expenses of marriage
Who shall I contact
You must provide your spouse's address.
You must contact obligatory at your request the following documents:
- Full copy of your birth certificate (less than 3 months old)
- Full copies of your common dependent children's birth certificates (less than 3 months old)
- Full copy of your marriage certificate or a copy of your family record book
- Copy of your identity document (national identity card, passport...)
- A copy of any court decision related to your application (e.g., Children's Judge's judgment)
Depending on your request, you must also attach the following documents:
- Proof of domicile (rent receipt, electricity bill...)
- Copies of your last tax notice and income tax return
- Copy of your last 3 salary slips
- Proof of the social benefits you receive
- Justifications for changes in your situation that explain your request
- Proof of your expenses and resources (tuition fees, medical care bills...)
Depending on your situation, other documents may be requested by the judge.
Who can help me?
Find who can answer your questions in your region
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
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Legal permanence
Duties and respective rights of spouses
Jurisdiction of the family judge