Law of persons

In a ruling issued on November 30, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) ruled that the principle of compensatory allowance should prevail over property right, using however a careful argumentation.

In a recent decision issued on June 9, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) clarified the concept of spouses’ contribution to household expenses:

“The equity contribution, made by a spouse married under the separation of property regime, to finance the improvement, by way of construction, of an undivided property intended for family use, is not to be taken into account in the performance of his/her obligation to contribute to household expenses.”

A recent ruling of the Cour de Cassation (French Supreme Court) has clarified the criteria for assessing the disparity in the respective living conditions of the spouses for the purpose of determining the compensatory allowance.

The benefit granted to one of the spouses during the divorce proceedings on the basis of the duty of support between spouses should not be taken into consideration in order to dismiss a request for compensatory allowance.