No sex divorce

Interesting news tidbit. French man forced to pay ex-wife a settlement for lack of sex.

The payoff in this case: an award of nearly $14,000 to the ex-wife whose needs were apparently not met. It just goes to show that it never hurts to try.

Under France’s civil code, married couples are supposed to live a “shared communal life.” A judge has now ruled that this implies that “sexual relations must form part of a marriage.”

The woman filed for divorce two years ago, citing lack of bedroom activity as the reason. A judge in Nice, France, agreed with her argument, granting the split and placing the husband solely at fault.

The 47-year-old ex-wife then sued him for not having enough sex over 21 years of marriage. Not surprisingly, her former husband, 51, said it was because of “tiredness and health problems.” A judge in the south of France’s highest court again sided with the woman in this case.

The judge ruled that “a sexual relationship between husband and wife is the expression of affection they have for each other, and in this case it was absent. By getting married, couples agree to sharing their life and this clearly implies they will have sex with each other.”

Think this would fly in the US? Would it apply to men seeking a settlement from their wives due to lack of sex? I doubt it. Seems like here a woman has every right to say no to sex no matter the reason or circumstance (she just doesn’t have the right to say yes if it involves money).

Naturally I read the reactions to hear what people are saying. One comment read:

“A judge has now ruled that this implies that “sexual relations must form part of a marriage.”” – So what if a spouse says no and is then forced by their partner, this could be interpreted as saying marital rape is ok.  Needs to be rethought.

Seriously? Having the right and expectation to have sex with your spouse does not equate the forcing of said person to do something against their will. It may give you the right to seek a divorce, you may see it as an excuse to seek comfort elsewhere, but it should never be used as an excuse to commit violence, force, or fraud.



1 Comment

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One response to “No sex divorce

  1. cch

    The guy needed a better lawyer. Unless she is one of those women who everyone in the room (including hetero females) wants to f*ck when she enters the room, a “she’s the one…” argument could have sufficiently muddied the waters. The health thing has potential, but a tiredness argument is just dumb. If it can be appealed, I think going from “shared communal life” to “required sex” is a bit of a stretch. What would that mean in terms of living in a commune? Ultimately, I’m not sure if it will fly in France, but I’m pretty sure it won’t fly here (some states may prove me wrong).

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