Compensatory Allowance v. Fundamental Rights

In a ruling issued on November 30, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) ruled that the principle of compensatory allowance should prevail over property right, using however a careful argumentation.

Article 270 of the French Civil Code defines the principle of compensatory allowance as follows:

"Divorce puts an end to the duty of support between spouses.

One of the spouses may be compelled to pay the other an allowance intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective ways of living. This allowance is a lump-sum payment. It shall take the form of a capital, the amount of which is determined by the judge.