More divorcees are being discharged from ex-partner’s debts in France
Under previous legislation, individuals were more often liable for their ex-partner’s debts and tax fraud
Campaigners have long called for the law to better provide for “property justice within families” after divorce of marriages and PACS
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Financial authorities in France are allowing increased numbers of divorcees to cut ties with their ex-partner’s debts and tax fraud obligations, under a new law that was voted through last year.
More divorcees - mainly women - who were in a marriage or PACS but are now divorced (or going through the divorce process), are managing to obtain a discharge of responsibility for debts and tax arrears attributable to their former partner, said the association Femmes divorcées victimes de la solidarité fiscale (FDVSF) in a press release on January 21.
Under current French law (article 1691 bis of tax code la Code général des impôts) spouses and PACS partners must jointly pay income tax if they are jointly taxed, and property tax on second homes, if they live together.
Yet, for couples undergoing a divorce, even if they previously lived together, legal experts and feminist activists have long called for the law to better provide for “property justice within families”.
This led to a change in law which enabled more individuals to be eligible for discharge from debts attributable to their ex-partner. As intended, there has in turn been a rise in the number of cases in which divorcees are no longer liable for their ex-partner’s debts nor any fraudulent tax activities attributable to them. For example, if their former partner had racked up debts that they could not afford, had committed tax fraud, or stopped paying for bills and expenses in their name, such as a joint mortgage.
Before the change in the law, “the tax authorities [could] still claim back debts incurred by a fraudulent spouse [from their ex-partner],” said Thomas Cazenave, then-Minister Delegate for Public Accounts, to the French Senate on May 23, 2024.
Read also: A guide to understanding divorce in France
Read more: Can a divorced person remarry in a church in France?
‘Record favourable opinions’
Now, since the new law became effective last year “165 discharges have been granted compared with 23 refused, a record 88% of favourable opinions”, said the FDVSF, citing data from the Economy Ministry, to Merci Pour l’Info.
This is in contrast to 49% of favourable opinions in 2022, and 39% in 2023. This means that now, the majority of people who submit a request to be discharged from their ex-partner’s debts are successful.
Read also: Advice for the newly separated in France
Out of €60.6 million in debts examined since the new law, €59.7 million were discharged, with the sums now being recovered “solely from fraudulent ex-spouses and ex-PAC partners”, the association said.
