A new cohabitation does not, in and of itself, result in the automatic loss of the former spouse's right to maintenance allowance. Case law requires a careful assessment of the overall economic situation, taking into account the sacrifices made and the contribution made to family life by the economically weaker spouse. The judges refer to the principle affirmed by the United Sections of the Supreme Court in 2018: maintenance allowance has not only a welfare function, but also a compensatory and equalizing one. That is, it serves to rebalance any professional and personal renunciations made during the marriage to support the family, which may have affected the income capacity and economic autonomy of one of the spouses.
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