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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1308
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Hi, My partner is separated since 10 years and we live together

Resolved Question:

Hi,

My partner is separated since 10 years and we live together since and have a 5 year old son together. During this period my partner has paid more than 2/3 of his income to his X and kids and I have basically paid for our bills. Hi X has taken all their joint saved money (which she transferred to an account in her name). She has her own business and he has no idea about what she has earned during these years. The separation was very hostile and the divorce subject has been dragging along for years. It seems like she will agree to a mutual divorce now and she is expecting him to pay alimony for her until the end of days. My partner has just been informed that he will be out of job by this summer and even though we hope that he will find something new our future is somewhat uncertain as we will have to leave the US and move back to Europe and both look for new jobs. My partners divorce lawyer now requests information about my income? Do I really have to be dragged into this? When I met my partner I had a good job and money in the bank. I gave up everything from him and have spent my savings to compensate for less income over the years and I have been taking the jobs I have been getting following him around and also worked part time to take care of our son. I just hope that they can divorce, that there will only be an evaluation of how to split their eventual assets (which is what ever is left on the bank of their money that she has taken) and that my partner will not have to pay any alimony for the future considering his insecure future. And I do not want to get dragged into this divorce giving any information about myself at all. I understand that this story is long and complicated and that it includes many quesitons but the most important one that I would appreciate to have answers is if I can refuse to provide for information about me (which I find extremely humiliating considering the circumstances). Thanks for reply and best regards XXXXX XXXXX
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
-Could you explain your situation a little more?
Where do you live now? and where do the divorce proceedings take place?
Customer: replied 1 year ago.


Hi,


 


We live in the US now but proceeding will take place in France where my partners X lives (with the last kid still at home). So no international law involved - only French divorce law after 2005 (when I know there was a change in the law).

Expert:  T Perrin C replied 1 year ago.
From what you say above, you should not have to be involved.
Alimony per se does not exist in French divorce law. There is something close called prestation compensatoire, which is not based on the spouses' financial means at the time of divorce but aimed at maintaining standards of living close to that enjoyed while married for the financially less favored spouse. It is usually a lump payment.
On top of that there may be maintenance to be paid for children. And to the ex-wife is she is not in a position to care for herself.
Customer: replied 1 year ago.


Thanks for this response can you just confirm that the income / financial situation of a divorcing persons new partner is not relevant for the settlement of the lumpsum?


 


The lumpsum is being determined based upon future expected earnings for both parties?


 

Expert:  T Perrin C replied 1 year ago.

It can only be relevant to prove that he could support his x as he did only because he was supported by you. It does not HAVE to be invoked in the proceedings, but could help him minimize what he will have to pay... Since without financial support from you, which does have to be taken into account for calculating the various amounts he will owe his x, he could afford much less. This is probably the point his lawyer is trying to make.

 

The lumpsum is calculated based on the respective assets and earnings of both parties at the time of the divorce. It is a compensation for the less financially favored spouse.

T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1308
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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