Question 5632 — family

Summary

Mr. Francis Vercamer draws the attention of the Keeper of the Seals, Minister of Justice, to the situation of spouses divorced before 2000, who still pay their ex-spouse a life annuity as a compensatory benefit. In many cases, the divorced spouses concerned are now elderly, and encounter difficulties in assuming, on a financial level, the burden represented by the payment of this annuity. Without contesting the merits of the decision to pay this sum at the time of the divorce judgment, it is clear that the sums paid since then can prove to be substantial. The law of May 26, 2004 relating to divorce also opened up the possibility of suspending or revising, by decision of the judge, the compensatory benefit provided in the form of a life annuity, when its maintenance is likely to provide the creditor with an advantage. clearly excessive. The law of February 16, 2015 relating to the modernization and simplification of the law and procedures in the areas of justice and internal affairs, specified that this excessive nature is assessed by taking into account the duration of the payment of the annuity and the amount already paid. Despite this possibility of review or suspension by court decision, many divorced spouses who pay still of this pension, often elderly or with modest resources, hesitate to use this recourse, both because of the steps to be taken and the costs which accompany them. Furthermore, in the event of the death of the debtor spouse, the annuity is deducted from their estate, either by continuing to be paid by the heirs, or by being converted into capital taken from the amount of the estate. This situation can therefore constitute a financial burden difficult to sustain for blended families. He therefore asks what measures the Government intends to take in order to change the legislation on this point.

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