Can the surviving spouse claim alimony from the heirs?

Following the death of his spouse, the surviving spouse has the possibility of requesting a pension from the heirs of the deceased if he is in need, that is to say that he cannot ensure his subsistence. This pension is then deducted from the estate of the deceased. What are the conditions and procedures for applying for this type of pension? What to do if the heirs refuse?

Under what conditions can the surviving spouse request maintenance from the heirs?

It is not uncommon for the surviving spouse to not have enough income to live decently following the death of their spouse. He then has the possibility of asking the heirs of the deceased for alimony, also sometimes called "maintenance claim against the estate". To be in this specific case, the surviving spouse must meet three conditions.

• First, to be married to the deceased at the time of his death and not to be divorced from him. If the two spouses were at that time legally separated, that is to say that the marriage was not dissolved, that the duties linked to this type of union were maintained except that relating to cohabitation, the surviving spouse can also claim alimony from the heirs.
• Second condition to be fulfilled by the surviving spouse in order to claim the payment of alimony by the heirs:to be in need in terms of income at the time of death, or not to be able to ensure their subsistence .
• And, third condition, the surviving spouse must be able to provide proof that his financial situation places him in need as defined.

Note therefore:the surviving spouse cannot ask the heirs for alimony if he has insufficient income but this situation occurs after the death of his spouse.

What steps should the surviving spouse take to request alimony from the heirs?

The surviving spouse has a period of one year from the date of the death of his spouse to undertake the process with the heirs of the deceased to claim alimony if his income does not allow him to live with dignity. In the event of joint ownership, this period runs until the property of the succession is divided.

The payment of alimony in this situation is a principle of law defined in article 767 of the Civil Code. Even if he has notified it in his will, it is not possible, in this way, for the deceased to oppose this maintenance right during his lifetime.

If the heirs agree, this alimony, the amount of which is calculated by the family affairs judge according to the resources of the person paying it and the needs of the applicant, is deducted from the assets of the estate of the deceased, that is, once any debts have been paid. All the heirs are concerned and the payment of the pension does not affect their personal property.

The heirs of the deceased also have the possibility of refusing the payment of alimony to the surviving spouse in need. In this case, the latter can seize the tribunal de grande instance of his place of residence to ask the judge to rule. The judge is indeed competent to decide to award maintenance to the surviving spouse with modest resources, and to set the amount.

In general, the amount of child support paid to the surviving spouse in need can be reviewed periodically. It can also be modified upwards, as downwards, according to the variation of the resources of the surviving spouse in need.

In all cases, if the surviving spouse receiving maintenance due from the estate of the deceased by his heirs is considered to be no longer in need from a financial point of view, this maintenance may be withdrawn.

If the heirs voluntarily stop paying alimony to the modest surviving spouse, which constitutes an offense in law punishable by imprisonment and the payment of a fine, the latter has a period of one year after this interruption to request the payment of this alimony again.