Question 6338 — family

Summary

The question concerns the compensatory benefit fixed in the form of a life annuity before the entry into force of the law of June 30, 2000 relating to the compensatory benefit in matters of divorce. The passive transferability of the compensatory benefit, which implies that upon the death of the debtor his heirs continue to pay the compensatory benefit, could have had consequences that were difficult to tolerate when the creditor remarried. had higher income than the debtor subject to new family responsibilities. However, equally difficult situations had to be taken into consideration, namely those of first wives relying on their ex-spouse for their survival, for having chosen a family rather than a career. This is the reason why the law of June 30, 2000 retained the principle of transferability of the benefit compensatory to the heirs, in accordance with common inheritance law. However, this transferability has been considerably adjusted in order to lighten the burden weighing on the debtor's heirs. This is how, first of all, the same law of June 30, 2000 established an automatic deduction of the amount of the compensatory benefit from survivor's pensions paid to the divorced spouse on the death of their ex-spouse. Then, the law of May 26, 2004 has clarified that the payment of the compensatory benefit is taken from the estate and within the limit of the estate assets. So in the event of insufficient assets, the heirs will not be liable for their own property. Furthermore, this same law established the automatic substitution of capital for an annuity, unless there is unanimous agreement of the heirs. The capitalization scale takes into account the INSEE mortality tables as well as a capitalization rate of 4%. When the heirs decided to maintain the annuity by personally obligating themselves to pay this benefit, the law gave them an action to revise, suspend or cancel the life annuity in the event of a significant change in the resources or needs of one or the other of the parties, including for annuities allocated before the entry into force of the law. Finally, for the life annuities fixed before July 1, 2000, an additional option has been provided for revision, suspension or deletion when their maintenance in the current state would provide the creditor with a manifestly excessive advantage in view of the age and state of health of the creditor. Law No. 2015-177 of February 16, 2015 clarified that the duration of the annuity payment and the amount already paid were also taken into account.   THE The system resulting from these successive laws is thus balanced, and their revision is not part of the government's current projects.

Machine translation from French. The official text remains authoritative.

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