Should the compensatory benefit take into account foreseeable pension entitlements?

In that case, the appeals court held that the separation did not create a disparity in the living conditions of the former spouses, as current income and expenses were “almost equivalent”.

Faced with the decision of the Court of Appeal, the complainant brought an action before the Court of Cassation.

Can the ‘occupational sacrifices’ referred to by the Commission, because they have led to a loss of pension rights, be taken into account for the payment of a compensatory benefit?

Service-Public replies:

The Court of Cassation recalls thearticle 271 of the civil code. It provides that the compensatory benefit is to be fixed ‘taking into account the situation (of the spouses) at the time of divorce and the development of the latter in the foreseeable future’.

Thus, the future retirement situation of former spouses must also be taken into account. The judge must estimate the reduction of duties as a result of professional choices made, for example, for the education of children or to promote the career of the spouse.

The Court of Cassation quashes the decision of the Court of Appeal. It considers that the compensatory benefit must take into account any career sacrifices that might have an impact on the amount of the pension.