Maintenance obligation related to marriage: spouse, in-laws....

Verified 02 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Do you want to get married and wonder about the obligations that arise? When you marry, you agree to provide material assistance to your husband or wife. You are also committed to your in-laws. We're talking aboutmaintenance obligation. This is always reciprocal. The amount of assistance varies according to your resources and the needs of the applicant.

By marrying you in France, you agree to help your spouse or partner if she/he finds himself in need.

You will have to provide material assistance to enable him to make a living. We're talking aboutmaintenance obligation.

You're committing in the same way to your in-laws, that is, your spouse's parents.

The maintenance obligation applies by virtue of your marriage, whatever the matrimonial property regime you choose.

It is not possible to waive it (e.g. by contract).

The maintenance obligation is still reciprocal. So your wife, or husband, and your in-laws are also committed to you.

The aid covers the costs of living (food, housing, health, etc.).

Maintenance may be provided by one of the following means:

  • In kind (e.g. free accommodation, food)
  • By a pension paid in cash

Please note

You also have an obligation to contribution to the expenses of marriage. This applies even if your spouse is not in need. It also covers spending on children and recreation.

Maintenance is a consequence of marriage.

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Wife or spouse

You have a duty of care to your spouse or husband.

In case of legal or factual separation, this obligation shall be maintained.

The obligation of the spouse takes precedence over that imposed on descendants, or to the sons-in-law and daughters-in-law (the brus).

A person in need must therefore ask for the help of their spouse before asking for the help of their children (if the help that their spouse can provide is insufficient).

FYI  

When the person seeking help has seriously harmed you (violence, for example), you can ask the judge to relieve you of your maintenance obligation.

Stepparents

You owe maintenance to parents of your wife or husband.

This obligation is always reciprocal. Your in-laws therefore also have a maintenance obligation towards you.

FYI  

When the person seeking help has seriously harmed you (violence, for example), you can ask the judge to relieve you of your maintenance obligation.

The amount of the obligation to bring depends on the needs of the who requests the assistance and resources of the person who must pay it.

Needs of the aid applicant

Whoever asks for food aid (the maintenance creditor) must be in need.

He must be unable to provide for his livelihood by his personal property or his work.

The need is for everything that is necessary for everyday life.

This includes:

  • Food
  • Clothing
  • Accommodation (including heating, lighting)
  • Health (drugs, hospitalization costs, etc.)

Please note

Maintenance includes the cost of providing care in a retirement home.

Resources of the person who must pay the aid

The one who is asked for help (the maintenance debtor) must have sufficient income.

All his personal resources are taken into account.

If he lives as a couple, the sharing of current expenses with his spouse (rent, loan, etc.) is taken into account.

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In case of agreement

You can ask your husband or in-laws directly for help.

Your priority should be your spouse, if it has the necessary resources.

The maintenance obligation may be assigned by mutual agreement.

FYI  

You can call on a family mediator to help you come to an agreement. The agreement may be approved by the judge.

In case of disagreement

Aid applicant

If your attempt to reach an amicable settlement has failed, you must ask the Jaf: titleContent to fix the amount of the maintenance obligation.

The competent judge is the JAF of the court of your residence or of the person to whom you are seeking assistance.

You can use the following form:

Application for maintenance - Referral to the Judge for Family Affairs

You must prove the following :

  • You're in need
  • Your spouse (or step-parent) has sufficient resources to provide you with food assistance

The judge is on the date he decides to assess your needs.

It takes into account your situation (age, family expenses, health status, etc.).

The assistance of a lawyer is not mandatory, but it is recommended.

Who shall I contact

FYI  

If you have been treated by third party (hospital, department, etc.), it can directly ask to be reimbursed by the person who has a maintenance obligation to you. This is the case, for example, for hospital or nursing home expenses.

Person who is being asked for help

You have to prove all the charges you invoke to fix the amount of the aid (or to avoid having to pay it).

To assess your resources, the judge looks at the date he makes his decision.

It takes into account your situation (age, family expenses, health status, etc.).

The assistance of a lawyer is not mandatory, but it is recommended.

If your pension is not paid, you can use the following methods:

If you have a judgment, you can begin a direct payment procedure from 1er unpaid.

You must speak to a Commissioner of Justice (formerly bailiff and judicial auctioneer).

The pension will be deducted directly, for example, from the salary or bank account of the person who has to pay it.

In case of failure, you can request a recovery from the public treasury by requesting the public prosecutor on which your home depends.

If the maintenance fixed by the judge is not not paid for more than 2 monthsNo, it's a family abandonment.

It's a offense punishable by up to 2 years' imprisonment and €15,000 of fine.

You must write to the public prosecutor the court on which your domicile (or that of the person who owes you the pension) depends.

Between spouses

The maintenance obligation shall end in the event of divorce.

With the in-laws

The maintenance obligation towards your in-laws (your son-in-law or daughter-in-law) ends in the following cases:

  • Divorce
  • Death of the spouse and children in common of the two spouses

Please note

If the spouses have not had a child together, the death of one of the spouses eliminates the maintenance obligation of the surviving spouse vis-à-vis his or her in-laws.

Who can help me?

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