Divorce: what happens to a donation between spouses or a matrimonial advantage?

Verified 28 July 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The donations and matrimonial benefits which have been effective before the divorce shall be maintained. Those that have not yet produced their effects shall be canceled, unless the one of you who has consented to them decides otherwise. It is advisable to contact a professional (notary, lawyer, etc.).

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In case of donation to the last living

The gift to the last living is automatically canceled in the case of divorce, unless the one of you who consented decides to keep it.

The desire to maintain it must be established by the family court at the time of delivery of the divorce or in the divorce agreement in the event of divorce by mutual consent.

In case of a donation made during the marriage

Donation made after 1 January 2005

The donation made since the 1er january 2005 est irrevocable whether it produced effects during the marriage. For example, it could be a sum of money or valuables.

Donation made before 1 January 2005

The donation made before the 1er january 2005 est revocable at any time. For example, it may be a sum of money or valuables.

Please note

this donation can no longer be canceled in a divorce by mutual consent if it is expressly maintained in the divorce agreement.

Marital advantage

Producing its effects during marriage

Divorce has no effect and the matrimonial advantage is maintained. For example, a spouse's contribution to the community is a clean asset.

Affecting the death of one of the spouses

Divorce nullify this benefit, unless you wish to do otherwise. For example, there is the clause providing for full attribution of the community to the surviving spouse.

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