Lack of request for maintenance allowance

The lack of request for maintenance allowance during the separation does not preclude its recognition for the purposes of the divorce proceedings.

The lack of request of the maintenance allowance during the separation certainly does not preclude it being recognised for the purposes of the divorce proceedings, but it may represent a valid indicator of reference to the extent that it is fit to provide useful elements of assessment relating to the economic conditions of the spouses (Civil Cassation, I section, 29 January 2019, no. 2480).