For a divorce granted before 2005, Article 268 of the French Civil Code, as amended by the 1975 law, applies. At that time, spouses divorcing by mutual consent had to decide the fate of the spousal gift. Three scenarios are therefore possible:
The gift is maintained in the divorce agreement: it can no longer be revoked (Court of cassation, 1st Civil Chamber, 6 February 2008, No. 05-18.745);
The agreement provides for the revocation of the gift: it therefore has no effect;
The gift was not mentioned in the divorce deed: it remains revocable (Court of Cassation, 1st Civil Chamber, 28 February 2006, No. 03-20.150).