Family and couples · Divorce · spousal support
Spousal support during a French divorce: when it starts and when it stops
French marriage obliges spouses to support each other (article 212 of the Civil Code). During a court divorce, the judge may order one spouse to pay the other a maintenance allowance (article 255). There is no official scale: the amount depends on one spouse’s needs and the other’s means. This duty ends when the divorce becomes final, and a compensatory allowance may then take over (article 270).
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Is spousal support taxable in France?
When the spouses are taxed separately during the case, support set by the judge is deductible for the payer and taxable for the recipient. Otherwise it stays within the joint tax household.
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Who can ask for spousal support while the divorce is pending?
The spouse in need, during a divorce before the judge. Marriage obliges spouses to support each other; at the start of the case, unless the parties waive it, the judge holds a hearing and takes the measures needed to provide for the spouses and children until the final judgment.
Among those measures, the judge can set the maintenance and an advance on legal costs that one spouse pays the other.
Code civil, article 212Code civil, article 254Code civil, article 255
How does the judge set the amount without an official scale?
There is no official scale. Support is granted in proportion to the needs of the spouse asking and the means of the spouse paying: the judge looks at each spouse’s income, outgoings and standard of living.
The judge can also give one spouse the use of the family home, free or not, which weighs in the overall balance.
Is there spousal support in a French mutual-consent divorce?
Not as support set by a judge. A mutual-consent divorce is settled by a lawyers’ agreement filed with a notary, with no interim measures hearing.
The duty of support exists as long as the marriage does; the spouses organise things between themselves, and the marriage ends on the date the agreement becomes enforceable.
Where does spousal support stand at your stage of the case?
Three questions about your case: the tool shows whether spousal support is still running and what takes over.
Fictional example · where spousal support stands
The support runs until the divorce judgment becomes final.
- No official scale: the amount depends on one spouse’s needs and the other’s means
- Unpaid for over two months: direct payment from the employer or bank, and the offence of family abandonment
- A new fact, such as losing a job, allows you to ask for the support to be changed
A guide to the stages of the case, without amounts: there is no scale for support between spouses.
How does spousal support differ from the compensatory allowance?
| Criterion | Spousal support | Compensatory allowance |
|---|---|---|
| Basis | The duty of support between spouses | The gap the divorce creates in living conditions |
| Period | During the case, until the final judgment | After the divorce |
| Form | Periodic payments | Lump sum, payable over eight years at most |
| Assessment | One spouse’s needs, the other’s means | Length of marriage, age, health, career, assets |
| Changes | Possible after a new fact | Fixed, flat-rate allowance |
Code civil, article 255Code civil, article 208Code civil, article 270Code civil, article 271Code civil, article 275Code de procédure civile, article 1118
When does spousal support end, including on appeal?
Divorce ends the duty of support. Before a judge, the marriage is dissolved on the date the decision becomes final: while an appeal is pending, interim measures, including support, keep applying.
If the appeal only covers some consequences, check with your lawyer when the divorce itself becomes final.
Code civil, article 270Code civil, article 260Code civil, article 254
What do articles 255 and 270 of the Civil Code say?
Le juge peut notamment : […] 6° Fixer la pension alimentaire et la provision pour frais d’instance que l’un des époux devra verser à son conjoint, désigner celui ou ceux des époux qui devront assurer le règlement provisoire de tout ou partie des dettes ;
In plain English: Among the interim measures, the judge can set the maintenance and the advance on legal costs that one spouse must pay the other, and decide who pays the debts in the meantime.
Article 270 adds that divorce ends the duty of support, and that one spouse may have to pay the other a compensatory allowance to make up for the gap the breakdown creates in their living conditions.
What else do spouses ask?
Is spousal support taxable in France?
When the spouses are taxed separately during the case, support set by the judge is deductible for the payer and taxable for the recipient. Otherwise it stays within the joint tax household.
What can you do if your spouse stops paying during the case?
Direct payment lets you collect from the paying spouse’s employer or bank once an instalment is missed. Failing for more than two months to pay support set by a judge is the offence of family abandonment, punishable by two years in prison and a 15,000 euro fine.
Code des procédures civiles d’exécution, article L213-1Code pénal, article 227-3
Can you stay in the family home rent-free as support?
Yes, if the judge orders it: the judge can give one spouse the use of the home and furniture, stating whether it is free or not.
Can the judge change the amount during the proceedings?
Yes, after a new fact, until the case ends: the judge can remove, change or add to the interim measures already ordered. If no support was requested, a first request remains possible until the hearing closes.
Code de procédure civile, article 1118Code de procédure civile, article 1117
Which texts is this memo based on?
- Code civil, article 212Légifrance
- Code civil, article 255Légifrance
- Code civil, article 254Légifrance
- Code civil, article 208Légifrance
- Code civil, article 270Légifrance
- Code civil, article 271Légifrance
- Code civil, article 275Légifrance
- Code civil, article 260Légifrance
- Code de procédure civile, article 1118Légifrance
- Code de procédure civile, article 1117Légifrance
- Code pénal, article 227-3Légifrance
- Code des procédures civiles d’exécution, article L213-1Légifrance
- Code général des impôts, article 156Légifrance
- Service-public: maintenance and compensatory allowanceService-public.fr
Texts cited last checked: 17 October 2026