Cabinet Kohen Avocats · Paris

—

Maître Reda KOHEN intervient en droit immobilier, droit des sociétés et droit des affaires à Paris. Première analyse : 80 € TTC, réponse personnelle sous 24 heures.

100 % confidentiel · Secret professionnel · Sans engagement

Article généré par une intelligence artificielle, selon un processus conçu et contrôlé par le cabinet

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

Remarrying in France After Bereavement: What a British Widow Keeps, What Stops, and How to Challenge the Fund

Finding love again after losing your husband, wife or civil partner takes courage. For a British widow or widower living in France, it also reopens every administrative file that bereavement had closed. A new marriage, and in some cases even a new civil partnership or cohabitation, changes what the French pension funds pay you, what the British authorities still owe you, and how both countries tax the household. Some rights survive the wedding day, others stop permanently, and a fund that overpaid you in the meantime will ask for its money back with interest-free determination but very real recovery powers. This guide maps exactly what remarriage changes, benefit by benefit, so you can marry with your eyes open and challenge any wrong decision through the proper appeals.

The core distinction is simple. The basic French survivor’s pension, the pension de réversion paid by the Assurance retraite network (the state fund for private-sector employees, acting through the regional Carsat funds and the CNAV in Paris), survives remarriage: the statute counts the resources of the new household instead of cutting the right off. The temporary widower’s allowance, the allocation de veuvage, and the complementary survivor’s pensions, including Agirc-Arrco (the compulsory top-up scheme for private-sector employees), work the opposite way: a new marriage, civil partnership or cohabitation ends them. Our companion guide for British widows claiming the French survivor’s pension and UK bereavement money covers the first claim in detail; this article starts where that one stops, on the day you decide to rebuild your life with someone new.

I. What remarriage changes in your French survivor benefits

A. The basic réversion survives the wedding, but the household means test restarts

The basic survivor’s pension does not punish you for remarrying. The founding text grants the right to the surviving spouse subject to an age and a means test: "En cas de décès de l’assuré, son conjoint survivant a droit à une pension de réversion à partir d’un âge et dans des conditions déterminés par décret si ses ressources personnelles ou celles du ménage n’excèdent pas des plafonds fixés par décret". Nothing in that article ends the pension when the survivor marries again. What changes is the second half of the sentence: from the remarriage, the fund counts the resources of the new household, meaning your new spouse’s earnings, pensions and investment income join yours in the comparison with the ceiling. A pension that was comfortable for a single widow can therefore shrink or disappear once two incomes share the same roof, even though the right itself continues.

The fund does not adjust the amount by itself. French survivor’s pensions operate on a declaratory basis: you must tell the fund about the marriage and about the new household’s resources, and the pension is then revised to reflect the change, since "La pension de réversion est révisable en cas de variation dans le montant des ressources". Report the marriage quickly, with the new marriage certificate and evidence of the new household’s income, because any delay creates an overpayment, called an indu, which the fund will recover month by month from the pension still due. The examination method stays the same as at first claim: "Les ressources à prendre en compte lors de la demande sont celles afférentes aux trois mois civils précédant la date d’effet de la pension de réversion", with substitution of the previous twelve months where they exceed one quarter of the annual ceiling, and a 30 per cent disregard on your own earnings from age 55, since "Les revenus d’activité du conjoint survivant font l’objet d’un abattement de 30 % s’il est âgé de 55 ans ou plus". A new spouse’s British pension or rental income counts in full, so assemble twelve months of statements for both partners before the fund asks.

Remarriage also reshuffles the sharing rules where the deceased had been married before. Where the late husband or wife leaves both a surviving spouse and one or more divorced former spouses, the statute splits the pension between them in proportion to each marriage: "Lorsque l’assuré est remarié, la pension de réversion à laquelle il est susceptible d’ouvrir droit à son décès, au titre de l’article L. 353-1, est partagée entre son conjoint survivant et le ou les précédents conjoints divorcés au prorata de la durée respective de chaque mariage", each marriage being measured "de date à date et arrondie au nombre de mois inférieur". The Cour de cassation confirmed on 21 October 2021 (appeal no. 20-17.462) that even an annulled marriage recognised as putative, meaning contracted in good faith, gives its partner surviving-spouse status, holding that "en cas de mariage d’un assuré, suivi d’un second mariage nul, mais déclaré putatif à l’égard de la seconde épouse, celle-ci a la qualité de conjoint survivant" and that the pension "est partagée entre les conjoints survivants au prorata temporis de la durée respective de chaque mariage". For a British reader with an English divorce behind them, the message is concrete: it is the deceased’s remarriage that creates competing shares, while your own remarriage leaves your share intact but re-tested against the new household’s means. And when one beneficiary dies, their share swells the others: "Au décès de l’un des bénéficiaires, sa part accroîtra la part de l’autre ou, s’il y a lieu, des autres".

One more condition follows you into the new marriage: you must keep claiming everything you can claim elsewhere. The statute makes the French increase conditional on worldwide claiming: "Le conjoint survivant ne peut bénéficier des dispositions du présent article que s’il a fait valoir les avantages personnels de retraite et de réversion auxquels il peut prétendre auprès des régimes légaux ou rendus légalement obligatoires, de base et complémentaires, français et étrangers, ainsi qu’auprès des organisations internationales". A British widow who remarries in France but never claimed her own United Kingdom State Pension gives the fund a ready-made reason to refuse the increase, as our analysis of what British pensioners in France keep from the United Kingdom State Pension explains. Claim first in Britain, then present the award letters to the French fund with the new household’s file.

B. The benefits that stop: the widower’s allowance and the complementary réversion

Where the basic pension bends with remarriage, the temporary widower’s allowance breaks with it. The allocation de veuvage bridges the years before age 55 for survivors whose late spouse built up at least a short contribution record, since "Ouvrent droit à l’allocation de veuvage prévue à l’article L. 356-1 les assurés qui ont été affiliés trois mois au cours des douze mois précédant celui de leur décès". Its conditions are strict and cumulative: at the application date the survivor must live in France, be under 55, stay within a quarterly resources ceiling, and, crucially, "Ne pas être remarié, ne pas avoir conclu de pacte civil de solidarité et ne pas vivre en concubinage". Remarriage is therefore only one of three new unions that end the allowance: a PACS, the French registered civil partnership, or plain cohabitation, concubinage, has exactly the same effect. Moving in with a new partner without marrying does not preserve the benefit, a point many survivors discover too late.

The allowance is short by design even without a new union. The decree caps it in time: "L’allocation de veuvage est versée pendant une période maximum de deux ans à compter du premier jour du mois au cours duquel s’est produit le décès", extended only where the survivor was already 50 at the death, in which case "la période prévue à l’alinéa précédent est prolongée jusqu’à ce qu’il ait cinquante-cinq ans". A British widow widowed at 53 who repartners at 54 loses the allowance twice over: the new union ends it immediately, and the two-year clock would have stopped it soon afterwards in any event. The application itself is time-limited by reference to that maximum payment period, so a late file after years of inaction is inadmissible, and four months of administrative silence counts as a refusal that opens the appeal route: "Le silence gardé pendant plus de quatre mois sur la demande de liquidation ou de révision d’une allocation de veuvage vaut décision de rejet".

Complementary survivor’s pensions are equally unforgiving, and the courts enforce their non-remarriage conditions strictly. In a ruling that every repartnering survivor should read, the Lyon Court of Appeal confirmed on 18 February 2025 (case no. 22/03775) the suppression of a complementary survivor’s pension after the widow’s remarriage. The fund had notified "la suspension de sa pension de réversion en raison de son remariage le 22 octobre 2011", then reclaimed the overpayment, and the first judges "condamne Mme [C] à verser à la [8] la somme de 23 670,36 euros au titre de la pension de réversion qui lui a été versée à tort sur la période du 30 janvier 2014 au 21 décembre 2019", a judgment the court of appeal confirmed in full, adding costs. The widow’s plea of ignorance failed: her yearly life certificates had carried the warning "si vous êtes conjoint survivant, votre signature atteste que vous n’êtes pas remarié", and the application pack had spelled out the condition. Sign those certificates carefully: each signature renews the declaration, and an unreported wedding turns every subsequent monthly payment into a recoverable overpayment.

The same fate awaits the Agirc-Arrco complementary survivor’s pension on remarriage: the scheme’s official terms provide that no complementary survivor’s pension is awarded after remarriage, and one already in payment is permanently stopped, while the scheme otherwise pays 60 per cent of the deceased’s complementary rights from age 55 with no means test. The contrast with the basic scheme is therefore total. Remarriage keeps the basic 54 per cent pension alive under the new household’s means test, where "est égale à 54 % de la pension principale ou rente dont bénéficiait ou eût bénéficié l’assuré", but it kills the complementary 60 per cent outright. Before marrying, ask each fund for a written statement of what survives and what stops: the basic fund, Agirc-Arrco and, where relevant, the deceased’s employer top-up scheme each apply their own rule, and only a written answer binds the fund later.

II. The British side of the new marriage, and how to fight a wrong decision

A. United Kingdom benefits, tax and the new household

On the British side, remarriage usually arrives after the British bereavement benefits have already run their course. Bereavement Support Payment, the United Kingdom benefit that replaced the older widow’s benefits, pays at most eighteen monthly instalments with strict entry deadlines: the full lump sum and all eighteen payments require a claim within three months of the death, and new claims are normally impossible more than twenty-one months afterwards, as the official payment rules set out. A survivor who repartners two or three years after the death therefore has nothing left to lose on this benefit, because the eighteen months have expired by then. The position is even clearer for survivors already settled in France, since new claims from France already fall outside the published scope of the benefit, with only narrow exceptions such as benefits already in payment when the move occurred, as the government’s guidance on claiming from abroad explains. Report the marriage to the International Pension Centre in any event: the award letter, not a general guide, states what each individual must declare, and unreported changes create overpayments on the British side too.

Your own United Kingdom State Pension is a different matter: it is built on your own National Insurance record and your new marriage does not reduce it. What the new marriage does change is the French funds’ picture of your household, because every French means test counts the new partner’s worldwide income. The double tax treaty signed in London on 19 June 2008 allocates employment-linked pensions to the residence state, so the French survivor’s pensions of a person living in France are declared and taxed in France, while pensions paid for British government service generally stay taxable in the United Kingdom (the official treaty text draws that line in its Articles 18 and 19). Practically, this means the French tax return after remarriage shows two adults’ worldwide income, and the French pension fund examines the same two incomes for the means test. File both consistently: a new spouse’s British pension declared to the tax office but hidden from the pension fund is the classic route to a recovery notice, whereas the same income declared to both produces either a maintained pension or a clean, reasoned refusal that can be appealed.

The wedding itself follows the ordinary Franco-British marriage procedure, which our guides to getting married at the French mairie as a British partner and to marrying a French national and securing residence describe step by step, including the certificate of no impediment now required since Brexit and the remedies against a refusal or opposition. Two choices at the wedding desk matter for money. First, the matrimonial regime: the default community regime and a separation-of-property contract do not change the pension means test, which counts household resources either way, but they decide what each spouse owns and owes, which in turn shapes the next succession. Second, the new spouse’s own residence position: a British partner joining you in France needs their own permit track, while a French spouse changes nothing about your own Withdrawal Agreement status but may simplify daily administration. Keep the marriage certificate, the certificate of no impediment and the permit decisions with the pension file: the fund will ask for the first, and the rest proves the household the fund is testing.

Finally, look one step ahead to the next succession. Remarriage does not erase the children of the first marriage: their forced share in your estate, the réserve héritaire that French law guarantees to children, survives any wedding, and gifts or advantages given to the new spouse can be challenged by those children after your death if they eat into that share. Where a first family and a second household coexist, the arrangements made at remarriage, from the matrimonial regime to any gifts between spouses, decide whether the survivor’s own death produces a clean transfer or a second dispute. Our guide for British heirs facing a French succession explains how children enforce that protected share. The lesson of this section is symmetrical: declare the new marriage everywhere, to the pension funds, the tax office and the British authorities alike, and make each declaration match the others.

B. Refusal, suppression and recovery: the appeals that reopen the file

Funds refuse, suppress or recover survivor benefits for a familiar list of reasons after a remarriage: household resources judged above the ceiling, a complementary scheme’s non-remarriage condition triggered, a cohabitation treated as equivalent to remarriage for the widower’s allowance, or a foreign benefit allegedly undeclared. The three decisions examined in this article show the full ladder. The Lyon widow lost at every rung because she had signed yearly certificates confirming non-remarriage while remarried since 2011, and the courts treated the condition as known and the overpayment as recoverable. The opposite outcome is available where the fund misreads the law: a survivor whose basic pension was cut although the new household stays within the ceiling, or whose divorced share was miscalculated, has the same appeal ladder and far better prospects. The difference between the two cases is evidence, presented early and in the right order.

The first step is always the internal appeal to the fund’s friendly-appeals board, the commission de recours amiable, usually shortened to CRA. This step is compulsory before any court: "Les recours contentieux formés dans les matières mentionnées aux articles L. 142-1 , à l’exception du 7°, et L. 142-3 sont précédés d’un recours préalable". The board must be seised within a short statutory deadline running from the decision letter: "Cette commission doit être saisie dans le délai de deux mois à compter de la notification de la décision contre laquelle les intéressés entendent former une réclamation". Send the appeal by tracked post with everything the file lacks: the new marriage certificate, twelve months of bank and pension statements for both spouses, the British award letters, the tax notice showing the same incomes, and, for a complementary scheme dispute, the application pack and every certificate signed since. Ask expressly for the detailed calculation behind a reduction and for the exact months behind a recovery: funds correct arithmetic errors willingly when the statements prove them, and a vague recovery notice is itself vulnerable for lack of reasons.

If the board confirms the refusal, expressly or by silence, the dispute moves to the courts. Social security cases go to specially designated judicial courts: "Des tribunaux judiciaires spécialement désignés connaissent : 1° Des litiges relevant du contentieux de la sécurité sociale défini à l’ article L. 142-1 du code de la sécurité sociale". The tribunal judiciaire, the ordinary civil and criminal court sitting here in its social chamber, re-examines the facts and the law in full, and its judgment can be appealed to the cour d’appel (court of appeal), as the Lyon case itself demonstrates. Plead precisely: quote the article the fund misapplied, show with the statements that the new household stays within the ceiling or that the complementary condition was never part of your scheme, and ask the court to order payment with reasons rather than simply annulling the refusal. Where the fund reclaims an overpayment, challenge the notice through the same board-then-court sequence within the same two-month deadline, and verify each reclaimed month against the date the fund actually learned of the marriage: money paid before any duty to know arose is defended differently from money paid after a signed false declaration.

The Lyon ruling leaves three practical warnings worth pinning to the fridge. First, read every certificate before signing it: the yearly life declaration is a legal statement, and an unreported wedding converts each subsequent payment into a debt. Second, keep proof of everything sent to the fund, because the fund’s file, not your memory, decides what it knew and when. Third, never assume that one fund’s answer binds another: keeping the basic pension after remarriage says nothing about the complementary pension, the widower’s allowance says nothing about the British benefit, and each decision letter carries its own deadline. A remarriage announced everywhere on day one produces at most a clean reduction; a remarriage discovered years later produces suppression plus recovery plus costs.

Conclusion

Remarriage after bereavement divides French survivor benefits into two camps. The basic pension de réversion survives the wedding and is re-tested against the new household’s worldwide resources, with revision, sharing between successive spouses and full appeal rights. The allocation de veuvage and the complementary survivor’s pensions stop, the first at any remarriage, civil partnership or cohabitation within its two-year window, the second permanently under schemes whose non-remarriage condition the courts enforce to the euro. British benefits mostly belong to the past by the time most survivors remarry, and the tax treaty keeps taxing the household where it lives. Announce the marriage everywhere, file the statements for both spouses, and challenge every wrong calculation through the appeals board and then the court: the funds correct proven errors, and the judges correct the funds.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

What our clients say

4,9279 Google reviews
kader ladjouzi
1 month ago

Best real estate and business lawyer in Paris. A compassionate and attentive lawyer, with a wonderful team. Thank you, Maître KOHEN

Translated from French

Janou SAMUEL
2 months ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

Translated from French

Paul MALIK (powlo)
4 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

Translated from French

Reply from the firm

Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

Rayan Kallout
5 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

Translated from French

Reply from the firm

The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

Naji Jouahri
6 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

Translated from French

Reply from the firm

Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

Halim Tunde
6 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

Translated from French

Reply from the firm

Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
6 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

Translated from French

Reply from the firm

An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

Asmaa Maazaz
7 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

Translated from French

Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.

Jean-pierre Steinmetz
3 days ago

De très bons conseils donnés par Maître Cornu lors de notre entretien du 16 octobre.

John Roberts
4 days ago

Service très professionnel et réactif. L’avocat a rapidement et attentivement vérifié la validité du titre de séjour de mon épouse au regard d’un régime juridique particulier. Son travail nous a apporté des éclaircissements, alors que les démarches administratives habituelles étaient longues et ambiguës. J’ai apprécié son efficacité et son professionnalisme, et je recommande ses services.

Jean-François PAPA
1 week ago

Je tiens à remercier chaleureusement Maître Esther Cornu pour son professionnalisme, sa disponibilité et la qualité de son accompagnement. Dans le cadre d’un dossier particulièrement important pour mon avenir professionnel, elle a su faire preuve d’une grande réactivité, de rigueur et de pédagogie, en prenant le temps de répondre précisément à mes interrogations et de m’expliquer les différentes démarches juridiques. J’apprécie tout particulièrement la clarté de ses analyses, son sérieux et son implication dans le suivi de mon dossier. Un grand merci à Maître Esther Cornu pour son écoute et son accompagnement. Je recommande vivement !

Hamid Agouz
2 weeks ago

I was pleasantly surprised by the responsiveness of Monsieur Reda Cohen, who took the time to answer my questions regarding my case immediately. It has become so rare nowadays to find a lawyer who is so available, responsive, and attentive, even when it simply comes to answering inquiries. His answers are clear, precise, and reassuring. You can really feel that he takes the time to understand the situation and provide relevant answers. Beyond his excellent Google reviews, it is above all this availability and thoroughness that make all the difference. A huge thank you to Monsieur Reda Cohen for his professionalism and responsiveness. I highly recommend him!

Translated from French

Sandra Imbert
2 weeks ago

A huge thank you to Maître Esther Cornu from Kohen Avocats for her support during a particularly difficult time. Her attentiveness, empathy, and humanity touched me deeply. She was able to answer my questions with clarity and sensitivity, while demonstrating great professionalism and fully respecting the confidentiality of the case. Beyond her professional qualities, I met a deeply humane lawyer whose support made a real difference. I sincerely recommend her.

Translated from French

Salon Sisters
2 weeks ago

Thank you, Maître Kohen, for your professionalism, responsiveness, and dedication. You handled my case perfectly with great attentiveness, rigor, and efficiency. I was very satisfied with your support and the work accomplished. I recommend him without hesitation!

Translated from French

Djamel Haddouche
2 weeks ago

I am facing a dispute with my employer, and the support provided by Maître Hassan COHEN as well as Maître Esther Cornu is excellent. The answers are clear and well-thought-out, they genuinely listen, and interactions are very pleasant. Thank you again, I highly recommend.

Translated from French

Frederic Lopes
3 weeks ago

Excellent professional. I highly recommend for their dedication and expertise.

Translated from French

Faiza Traduction
1 day ago
Alain Arsaut
4 days ago

Vu Hassan au JT

Beaudrique Abao
4 days ago
Krep Events Traiteur Breton
1 week ago

The article is very clear.

Translated from French

TOULEIMAT HACHEM
1 week ago
emilie lepicard
2 weeks ago
Zakaria Airbnb
2 weeks ago
إبراهيم عيسى
2 weeks ago