Maintenance, compensatory benefits: what are the differences?

One family link must exist between the person who pays child support and the person who receives it.

The one who receives it is not able to support himself.

The compensatory benefit may be claimed by a spouse, only in case of divorce (divorce by mutual consent or judicial divorce).

It allows to offset the significant change in the standard of living that divorce can create for one of the spouses.

The concubines and the civil partnership partners who separate can't ask for it.

• Parents at the minor child or major
• Children at their father and mother
• The sons-in-law and bruises at their stepfather or stepmother
• In the context of marriage: one spouse to the other spouse in the event of body separation or de facto

The ex-husband to his ex-husband who, as a result of the divorce, suffers a decline in his standard of living

Child support is proportional to resources of the one who pays it (the debtor) and as required of the one who receives it (the creditor).

The compensatory benefit shall be determined on the basis of difference in the current and future standard of living of spouses.

Several factors are taken into consideration (duration of marriage, age and state of health of the spouses, professional qualification and situation, income of each spouse...).

It takes the form of monthly financial assistance in the form of annuity.

It may also consist of aid in kind (obligation to shelter, feed and maintain, etc.).

The compensatory benefit shall be paid in the form of a capital or a annuity.

It can also be paid in other forms such as the attribution of ownership of a property, one right of abode or of usufruct for example.

Its amount is upgraded every year on the basis of a calculation formula specified in the court decision or parental agreement.

Its amount can be upgraded each year on the basis of a calculation formula set out in the court decision or divorce agreement.

Its amount can be changed in the event of a change of situation (changes in the debtor's or creditor's income or expenses, the creditor's needs, etc.).

The amount of the annuity can be changed in case of significant change in resources or needs either of the ex-spouses.

The terms of payment of the capital may be revised in the event of significant change in the situation of the debtor.

Child support ceases to be paid.

The payment of the compensatory benefit is passed on to heirs.