Question 5365 — family

Summary

Ms. Ericka Bareigts draws the attention of Ms. Keeper of the Seals, Minister of Justice, to the situation of people divorced before the 2000 law having been ordered to pay their ex-spouse a life annuity as a compensatory benefit. Both debt and maintenance benefit, this pension, often paid for more than twenty years, represents on average a total sum of more than 150,000 euros. For the record, it is indicated that after the law of 2000 relating to divorce, the average of the sums requested in the form of capital and payable in 8 years is only 50,000 euros. The 2004 law on divorce opened up the possibility of requesting a review or cancellation of this pension but this procedure is hardly used (barely 2% appeal rate). Today, these divorced people, sometimes remarried, continue to pay, twenty or even thirty years later, more than 25% of their returned to their ex-wife. At the time of death, the conversion into capital of this annuity can be taken from the inheritance without the reconstituted family being able to oppose it. The modification of the first paragraph of VI of article 33 of law no. 2004-439 relating to divorce has made it possible to improve the situation of some debtors. The appeals thus initiated have, in most cases, led to a reduction or even elimination of the compensatory benefit. However, there are many debtors, particularly the poorest among them, who, due to lack of financial means, do not dare to request this review. They live in fear of leaving their heirs, widows and children in a difficult situation with a particularly heavy financial burden for blended families. It therefore seems important to put an end to this situation by eliminating the debt upon the death of the debtor. She asks him what the Government's position is on this issue.

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