Question 42266 — family

Summary

Mrs. Danièle Hérin draws the attention of Mr. Keeper of the Seals, Minister of Justice, to the situation of divorced people before Law No. 2000-596 of June 30, 2000 relating to compensatory benefits in matters of divorce, ordered to pay their ex-wife or ex-husband a life annuity with additional benefits or alimony for life. This law turns out to be particularly unfavorable. Certainly, since the entry into force of Law No. 2004-439 of May 26, 2004 relating to divorce, people who divorced before the year 2000 have the possibility of requesting a review or cancellation of this annuity and the law has relaxed the conditions under which compensatory benefits paid in the form of an annuity can be revised. Certainly, the law of February 16, 2015 relating to the modernization and simplification of law and procedures in the areas of justice and internal affairs clarified that the duration of the payment of the pension and the amount of sums already paid were also taken into account when requesting a review of this pension. However, there is a low number of requests, with the poorest debt holders not daring to request this review due to lack of financial means. Now aged 70 to 80, they sometimes have difficulty taking on this responsibility. They have already paid in average 200,000 euros. This is four times more than the amounts granted since the divorce reform in 2004. The system resulting from the aforementioned successive laws thus appears unbalanced. There is another problem; thus, if the debtor spouses (or wives) die before their ex-husband or ex-wife, this burden then falls on their second wife and their children. In fact, the compensatory benefit fixed in the form of an annuity is automatically converted into capital on the date of death. The debtors therefore live in fear of leaving their heirs, widows and children in a catastrophic situation. She asks him, on this question of the transferability of the compensatory benefit to the heirs of the debtor upon his death, whether the elimination of this debt upon the death of the debtor could be considered.

Machine translation from French. The official text remains authoritative.

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1. 10 February 2021

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• Danièle Hérin · auteur

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