Rights and obligations of ex-spouses after divorce
Verified 30 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)
If you have divorced by mutual consent or before a judge, your rights and obligations change. We present you with the information you need to know.
You can again marry you once the divorce has been transcribed on the fringes of your marriage and birth certificate. It is then definitive and enforceable against third parties.
You can make a Civil partnership. once the divorce has been transcribed in the margin of your birth certificate.
Duty of loyalty
As soon as you are divorced, you are no longer bound by the duty of loyalty to your ex-husband.
Duty to cohabit
You don't have to live together anymore.
FYI
You don't have to wait for the divorce to stop living together. You may be allowed to stop living together during the judicial divorce proceedings, for example by a ordinance of interim measures taken by the Jaf: titleContent.
After a divorce, you lose using your husband's or wife's name.
However, you can keep it in use, in the following cases:
- With the agreement of your ex-husband or ex-wife
- With the permission of the judge if you have a legitimate interest for you or for the children, for example if you are known with this name in your professional activity.
You are no longer the heir of your ex-husband.
The donation to the last living is automatically canceled in case of divorce unless you decide to keep it.
The will to maintain it must be established by the Jaf: titleContent on the delivery of the divorce or in the divorce agreement in the case of divorce by mutual consent.
Warning
The will is not automatically canceled in the event of divorce. If you want to cancel it, you must do the cancelation or amendment procedure.
If it has been upheld, a matrimonial advantage (e.g. full community attribution to the surviving spouse) may take effect upon the death of one of you.
Your tax is distinct, for this you must report your divorce to the tax department.
In the year of divorce, you must file a separate income tax and expense return for the entire year, regardless of the date of divorce.
FYI
You can already report your income separately during divorce proceedings if you are allowed to reside separately or if you no longer live under the same roof.
Divorce ends duty of care between you.
If you are in need after divorcing, your ex-husband or ex-wife is no longer obliged to help you financially or materially. Similarly, your ex-husband or ex-wife cannot ask you to help him financially.
FYI
one compensatory benefit may be fixed at the time of divorce. It makes it possible to eliminate the financial imbalances caused by divorce in the living conditions of former spouses.
The obligation to provide moral assistance also ceases with divorce. For example, you no longer have to take care of your sick ex-husband or ex-wife.
After a divorce, you are no longer bound to the solidarity of household debts.
Similarly, you no longer have to help your in-laws in need.
Other obligations may exist, such as the compensatory benefit for your ex-spouse or support for the maintenance and upbringing of a child.
Compensatory benefit
The compensatory benefit helps to eliminate the financial imbalances caused by divorce in the living conditions of ex-spouses.
You can agree on the payment of a compensatory benefit under a divorce by mutual consent. During a judicial divorce, it may be decided or approved by the judge.
Usually, the compensatory benefit takes the form of money that one spouse must pay to the other. Payment of this amount may be spread over 8 years. It can also take the form of an advantage in kind (for example, the allocation of real estate) or a rent awarded for a limited period.
Contribution to the maintenance and education of children
If you are divorced and still have a minor or major who is not financially independent, you are obliged to contribute to its maintenance and education. This obligation takes the form of a maintenance.
It is paid, in principle, to the parent in whom the common child resides. It may be due in patients with alternate guard according to the expenses and resources of each of the ex-spouses.
The financial contribution may also consist of a sharing of the costs related to the child.
Please note
A contribution to the maintenance and upbringing of a child may already be fixed during the judicial divorce in a ordinance interim measures.
Maintenance obligation to your in-laws
Maintenance obligations is created by the bonds of marriage.
If you divorce, you no longer have an obligation to help your in-laws in need. Reciprocally, they are no longer bound by a maintenance obligation.
In case of divorce, you must liquidate yourmatrimonial regime. The liquidation of the matrimonial property regime allows to distribute the property among the spouses.
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In the case of divorce by mutual consent
The liquidation has to be done before your divorce agreement is registered.
In the event of divorce before a judge
You have no time limit to liquidate the matrimonial regime, you can do it amicably before, during or after divorce proceedings.
In case of disagreement, the division of property shall give rise to legal proceedings.
FYI
if you are tenant of a dwelling, the transcription of the divorce judgment shall put an end to the solidarity the payment of rents.
Divorce doesn't end your right to a survivor's pension. In case of death from your former spouse, you can receive a survivor's pension under certain conditions.
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To contact the local service managing your folder
Department in charge of taxes (treasury, tax department...)
Maintenance obligation for in-laws (Article 205)
Obligations of spouses during marriage (Articles 212 and 215)
Effect of divorce on the common name (Article 264)
Effect on inheritance
Duty to provide assistance and compensatory benefit
Separate charges
Survivor's pension in the event of death (L 353-61)
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