In order to compensate for the difference in standard of living following the divorce, one spouse may have to pay the other a compensatory allowance. Indeed, divorce can cause one of the spouses a considerable change in the standard of living. The compensatory allowance is the payment of a sum to compensate for that change. The amount will be set according to the living needs of the spouse. The family court judge or the spouses will set the amount. It can be paid to follow up on a judicial divorce or by mutual consent
Mutual consent case
The contributions must appear in the divorce agreement drawn up by the spouses and their lawyers while providing for the conditions and the amount of the payments (the conditions for review or even deletion may also be indicated).
Judicial divorce case
The request for payments contribution must be drafted by the lawyer. The family court judge sets the amount and terms of payment. It happens that the spouses agree on the amount of the compensatory allowance. They will then establish an agreement. The agreement will set the terms of payment and the amount to be paid.
How to calculate the amount of the compensatory allowance?
The amount of the compensatory allowance will be quantified according to the difference in standards of living and needs of the spouses. Several factors will be taken into consideration such as:
- The age of the spouses
- Health conditions of the spouses
- Duration of the marriage
- The standard of living
- The professional situation
- Income evaluation
- Net worth evaluation
The spouses must make a sworn statement of the truth and the veracity of the situation and the living conditions.
How is the compensatory allowance paid?
There are several ways in which the compensatory allowance can be paid:
- By a sum of money (the capital can be paid in a lump sum payment , either a one time or priodic payment).
- By the transfer of a property.
- A life annuity (amount paid periodically until the death of the beneficiary).
Non payment of compensatory allowance : What should you do?
Recovery procedures can be initiated in the event of non-payment of the compensatory allowance with the help of the intervention of a bailiff. The bailiff will be able to make a direct payment, put a lien on the bank account, garnish wages, start a procedure of attachement and property seizure.
You can also sollicitate the help of a certified private investigator if you are confronted with that type of case.
Why hire a private detective?
The private investigator can locate the person who does not respect his obligations for the payment of compensatory allowance . He can gather facts and evidences for the benefit and the interest of the plaintiff. He will be able to track the real income of a person by identifying any hidden or undeclared income. He can start an administrative investigation in order to evaluate the net worth (real estate and financial), and the lifestyle of the person (spending a lot of money in an ostentatious way, undeclared work , living with a new partner to reevaluate the income ).
Finally, the private detective can set up surveillance and tailing a person using photographs and videos. He will collect testimonies using a specific form, called attestation 202 : It is a written testimony that is receivable in front of a court of law.
The detective investigation: Examples of cases
- Proving remarriage or common life with a wealthy individual.
- Proving a change in career development and promotion.
- Proving a higher standard of living, by beeing a beneficiary of an inheritance.