prestation compensatoire

English translation: alimony, spousal support, maintenance

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:prestation compensatoire (divorce)
English translation:alimony, spousal support, maintenance
Entered by: df49f (X)

20:29 Aug 6, 2006
French to English translations [PRO]
Law/Patents - Law (general) / Divorce Judgment
French term or phrase: prestation compensatoire
Context: "Compte tenu des elements d'appreciation exprimes par l'article 172 du Code Civil, les epoux declarent renoncer a toute ** prestation compensatoire.** I don't feel all that comfortabe with my working translation of "compensatory benefits."

Everyone's input will be much appreciated.

femme
Barbara Cochran, MFA
United States
Local time: 21:50
alimony, maintenance, spousal support
Explanation:
spousal support par opposition à child support

http://en.wikipedia.org/wiki/Alimony

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Note added at 34 mins (2006-08-06 21:04:40 GMT)
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explications en français de prestation compensatoire
http://www.biendivorcer.com/argent/prestation_compensatoire


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Note added at 1 hr (2006-08-06 22:00:18 GMT)
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of course it is in a way equivalent to "compensatory benefits", the idea being to "compensate" the spouse for the loss in "living standard" that s/he will suffer as a result of living separately (particularly in cases where one of the spouse has a high income and the other low/no income). In your case, both spouses opt to waive the right to claim alimony from one another.
But it corresponds to the concept of spousal support/alimony.
Depending on the end-use of your document, you may want to include the French terms or their literal translation in brackets.
Selected response from:

df49f (X)
France
Local time: 03:50
Grading comment
Pourquoi est-ce que votre niveau de confidence etait si bas, df49f? Je n'ai jamais vu un niveau si bas sur ce site...vous n'etes pas serieux, bien sur! Enfin, j'ai choisi "spousal support."



Merci beaucoup!

femme
4 KudoZ points were awarded for this answer



Summary of answers provided
1 +5alimony, maintenance, spousal support
df49f (X)
5Compensation in case of divorce
Anna Maria Augustine (X)
4compensatory payment
Becky Heaviside (X)
4 -1compensatory damages
swisstell


Discussion entries: 1





  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
compensatory damages


Explanation:
Except as set forth in this Section 2, all of the terms, rights, obligations and
... compensatory damages, emotional distress damages, punitive damages, ...
http://contracts.onecle.com/akamai/galleher.sep.2001.04.02.s... -

swisstell
Italy
Local time: 03:50
Specializes in field
Native speaker of: German
PRO pts in category: 32

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: Why are you quoting from a letter of dismissal?
1 hr
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1 hr   confidence: Answerer confidence 5/5
Compensation in case of divorce


Explanation:
I appreciate this is similar to Michael's answer but the difference is it is only applicable in cases of divorce.
The objective is the spouse receives an amount higher than alimony or maintenance enabling to maintain a level/standard of existance similar to that acquired during marriage.
The amount varies in accordance with salaries perceived at the time of divorce. I do receive this divorce compensation as my ex-husband earnt quite well as an airline pilot at the time of our divorce, and I was earning precious little.
I cannot really say the divorce compensation is adequate in my case although the judge considered it would be enough for me to live on.
It is revised annually based on the increase in cost of living, a pittance.
I assume I would have been accorded more than the basic salary in France had children been involved. They were not.
The divorce compensation is really quite different to basic alimony or maintenance, and as I stated, it does not permit me to maintain the level of living I had during my marriage, barely compensating for what I lost. Were this not the case, I suppose I would not be doing this job.

Anna Maria Augustine (X)
France
Local time: 03:50
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 98
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33 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +5
alimony, maintenance, spousal support


Explanation:
spousal support par opposition à child support

http://en.wikipedia.org/wiki/Alimony

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Note added at 34 mins (2006-08-06 21:04:40 GMT)
--------------------------------------------------

explications en français de prestation compensatoire
http://www.biendivorcer.com/argent/prestation_compensatoire


--------------------------------------------------
Note added at 1 hr (2006-08-06 22:00:18 GMT)
--------------------------------------------------

of course it is in a way equivalent to "compensatory benefits", the idea being to "compensate" the spouse for the loss in "living standard" that s/he will suffer as a result of living separately (particularly in cases where one of the spouse has a high income and the other low/no income). In your case, both spouses opt to waive the right to claim alimony from one another.
But it corresponds to the concept of spousal support/alimony.
Depending on the end-use of your document, you may want to include the French terms or their literal translation in brackets.

df49f (X)
France
Local time: 03:50
Native speaker of: Native in FrenchFrench
PRO pts in category: 32
Grading comment
Pourquoi est-ce que votre niveau de confidence etait si bas, df49f? Je n'ai jamais vu un niveau si bas sur ce site...vous n'etes pas serieux, bien sur! Enfin, j'ai choisi "spousal support."



Merci beaucoup!

femme

Peer comments on this answer (and responses from the answerer)
agree  Julie Barber: well I never, I didn't know that....but checked out the links!
9 mins
  -> now you'll know what to do if you ever divorce a Frenchman in France :))

agree  Kim Metzger: http://www.toodroit.com/Reform of french divorce.php
43 mins

agree  writeaway: wow an answer with refs, and not only that, refs that apply to the context! could this be the start of a new trend?
1 hr
  -> ;-) :-))

agree  ACOZ (X): spousal support
4 hrs

agree  Michael Lotz
9 hrs
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21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
compensatory payment


Explanation:
I would say "compensatory payment" as terms like "alimony" and "maintenance" are very specific.

Becky Heaviside (X)
Local time: 02:50
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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