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Spouse of the Head of company
Working spouse status: extension to cohabiting partner and duration limited to 5 years
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Since 1er in january 2022, the head of company's common-law partner working alongside him or her can apply for the status of collaborating spouse. This option was already available to the married partner and the Civil partnership partner.
A status extended to cohabiting partners
Already granted to the married spouse or past partner, the status of collaborating spouse has been extended to the cohabiting partner since 1er January 2022. The aim of this novelty is to avoid the absence of a declaration by the common-law partner working regularly alongside the head of company.
A now temporary status
Another important change concerns the duration of the status of collaborating spouse. A person can now retain the status of collaborating spouse for a maximum period of 5 years. It can then move towards more protective statuses (self-employed, employed, partner). In the absence of such choice, he shall be deemed to have chosen employee status.
Please note
An exception is granted to persons born before 1er January 1965 who will be able to retain the status of collaborating spouse until the liquidation of their pension rights (which will take place by December 31, 2031).
If the spouse has opted for the status of collaborating spouse between 2017 and 2022, it will be possible to maintain this status until 2026.
The appropriate certificate of honor
Any spouse working regularly with the Head of company must provide a sworn statement indicating the activity carried out and the status chosen.
This attestation has been amended to add the possibility for the spouse to choose the status of collaborating spouse.
In addition, the head of company is obliged to declare the cohabiting partner's regular professional activity and the status chosen by the cohabiting partner.