Income tax - Pension paid to spouse or former spouse
Verified 10 avril 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Conditions for deducting support payments from your income
You can deduct from your income the support you pay to your spouse or former spouse if you complete the following 4 conditions :
- You are separated, divorced or pending
- You are taxed separately
- The pension is paid as a result of a court decision or a mutual consent divorce agreement
- The pension is of a maintenance nature (food, accommodation...).
If you are de facto separate and taxed separately, the pension is deductible provided it is not excessive.
FYI
Maintenance may also be deducted if it is paid as a result of a breaking of Civil partnerships.
Amount to be deducted
The amount to be deducted is the amount of the pension which may be upgraded by judgment or by yourself.
Non-deductible amounts
You cannot deduct amounts paid as damages (e.g. if the divorce is exclusively at the expense of one of the spouses).
Similarly, you cannot deduct the amounts paid following an amicable agreement.
Declaration of maintenance paid
You must indicate the amount amounts paid on your tax return in your deductible expenses.
Please note
Your spouse must to declare the pension received with other income.
Who can help me?
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For general information
Tax Information Service
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To contact the local service managing your folder
Department in charge of taxes (treasury, tax department...)
Tax system (deduction of taxable income) of the compensatory benefit paid in the form of capital over a period longer than 12 months and the contribution to marriage expenses (Article 80c)
10% reduction on pensions (Article 158) - Tax system for maintenance and compensatory benefits (Article 156)
Tax regime (tax reduction) of the compensatory benefit in the form of capital 12 months at most ( Article 199-19°)
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Ministry of Finance
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Ministry of Finance
Ministry of Finance
Ministry of Finance
Ministry of Finance