Question 28638 — family

Summary

Under the terms of article 212 of the civil code, spouses owe each other mutual respect, fidelity, help and assistance. To set the amount of alimony in respect of the duty of support owed by a spouse to his or her spouse, within the framework of provisional measures in the divorce procedure on the basis of article 255-6° of the civil code, the family affairs judge must assess the level of existence at which the creditor spouse can claim because of the faculties of his spouse. Indeed, alimony under the duty of support is not strictly limited to responding to the state of need of the spouse who would be unable to ensure his subsistence through his work or the income from his property; it must aim, taking into account the multiplication of incompressible fixed charges and the costs induced by the separation, to maintain a standard of living as close as possible to that of the time of common life. It is therefore intended to ensure a certain balance between the lifestyles of each spouse during the duration of the divorce procedure.

Machine translation from French. The official text remains authoritative.

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