The compensatory allowance: what it is for, how it is set and paid

Published on 09/07/2026

Divorce often creates a financial imbalance between the former spouses: one has put their career on hold, the other has been able to develop it. The compensatory allowance (prestation compensatoire) exists to correct, as far as possible, this gap. Here, in a documentary way, is how it works in French law — its purpose, how it is set, its forms and its revision.

Compensating an imbalance, not punishing

The founding text is Article 270 of the Civil Code:

"Divorce puts an end to the duty of support between spouses. One of the spouses may be required to pay the other an allowance intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in their respective living conditions. This allowance has a lump-sum character. It takes the form of a capital sum whose amount is set by the judge."

Three essential ideas: the allowance compensates for a disparity in standard of living, it is a lump sum (it settles the question once and for all) and it takes in principle the form of a capital sum. It is neither a penalty nor a division of assets.

For whom?

The compensatory allowance concerns only the former spouses — not cohabitants, not PACS partners. It differs clearly from child maintenance, which concerns the maintenance of the children or rests on a family tie. The official page Child maintenance, compensatory allowance: what are the differences? (F2236) details this boundary.

How is the amount set?

There is no scale. The judge assesses "according to the needs of the spouse to whom it is paid and the resources of the other". Article 271 of the Civil Code lists the factors it takes "notably" into consideration:

the duration of the marriage;
the age and state of health of the spouses;
their qualifications and professional situation;
the consequences of the professional choices made during the shared life (to raise the children or favour the spouse's career);
the estimated or foreseeable assets, in capital as in income, after liquidation of the matrimonial regime;
their existing and foreseeable rights;
their respective situation as regards retirement.

To inform the judge, each spouse provides a sworn statement of their resources, income, assets and living conditions (Article 272) — hence the importance of solid supporting documents.

In what form?

As a capital sum, which is the principle: a sum of money, or the allocation of ownership of an asset or of a right of use (Article 274).
As a staggered capital sum if the debtor cannot pay in one go: indexed periodic payments, within a limit of eight years (Article 275).
As a life annuity, only exceptionally, "where the creditor's age or state of health does not allow them to provide for their needs" (Article 276).

Can it be revised?

Revision is very tightly framed, which is logical given the lump-sum character:

the capital amount is, in principle, not revisable;
only the schedule of a staggered capital sum may be adjusted in the event of a significant change in the debtor's situation (art. 275);
the annuity may be revised, suspended or removed, but never increased: "The revision may not have the effect of raising the annuity to an amount higher than that initially set by the judge" (Article 276-3).

When to claim it?

The compensatory allowance is claimed during the divorce proceedings — once the divorce is final, it is in principle no longer possible to claim it (page Compensatory allowance, F1760). In a divorce by mutual consent, it must appear in the agreement. Recall that a lawyer is mandatory to divorce, each spouse having their own (sheet F35800): subject to income conditions, legal aid can cover the cost.

And taxes?

Taxation depends on the terms of payment. In short: a capital sum paid within twelve months of the divorce becoming final gives entitlement to a tax reduction of 25%, within a limit of 30 500 € of payments (Article 199 octodecies of the General Tax Code); an annuity or a capital sum spread beyond twelve months follows, for its part, the regime of maintenance payments. As these rules have concrete consequences, it is better to check them with the tax authorities.

⚠️ Four concepts not to be confused. The compensatory allowance (former spouses, compensates for the disparity created by the divorce); child maintenance (maintenance of the children or family tie); the duty of support (devoir de secours) (between spouses during the marriage, it disappears at divorce); and the damages of Article 266 of the Civil Code (compensation for a loss linked to the breakdown). These are four distinct mechanisms.

Building an application for a compensatory allowance requires gathering precise financial documents — income, assets, retirement, career choices — and retracing their history over the duration of the marriage. This is exactly the kind of organisation Aridelle is designed to make easier, ahead of your appointment with a lawyer. See Building an evidence file for the family court judge.

For any individual situation, turn to a lawyer, a point-justice or Allô Service Public (3939).