Remarriage: what financial and financial impacts to expect?

Are you about to remarry? The property and financial impacts will be legion, it is better to keep them in mind to avoid unpleasant surprises.

If you are receiving a compensatory allowance, your remarriage may lead to a review, or even its abolition, if there is a “significant change in (your) resources or needs”as provided by the Civil Code.

For retirement, a remarriage will make you, in certain schemes, lose the right to your ex’s survivor’s pension. This is the case with Agirc-Arrco, the supplementary scheme for private sector employees.

If children are born from your first union, special rules will apply to the settlement of your estate: upon your death, your new spouse will not have the choice of opting for the usufruct of your entire estate, he will only be able to benefit from a quarter of your estate in full ownership (with the risk of ending up in joint possession with his stepchildren). Unless you have made a “donation to the last living” in his favor.

You should also know that when settling your estate, your children may in certain cases initiate an “action in retrenchment” if they believe that you have taken measures that are too favorable to your new spouse and that they undermine their own legal rights (their “hereditary reserve”).

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