If a divorced spouse is unable to support themselves for reasons originating in or connected with the marriage, their former spouse is obliged to maintain them to an appropriate extent if this can reasonably be required of them, taking into account, in particular, their age or state of health at the time of the divorce and whether the divorced spouses’ care of a child they have had together has ended.
When deciding on maintenance and how much to grant, the court takes a particular interest in how long the marriage lasted and how long it has been dissolved. The court also considers whether:
- a divorced spouse has failed to find adequate employment, despite not being prevented from doing so by any compelling impediment;
- a divorced spouse has been able to maintain themselves by properly managing their own assets;
- a divorced spouse helped to care for the family household during the marriage;
- a divorced spouse has committed an act which is criminal in nature against their former spouse or a person close to their former spouse;
- there are other similarly compelling reasons.
The justified needs and economic circumstances of the divorced spouse who is the beneficiary, as well as the abilities, possibilities and economic circumstances of the divorced spouse who is the liable party, are factors decisive in determining the scope of maintenance.
The extent of the maintenance obligation and the manner in which maintenance is provided are governed by the agreement reached by spouses or divorced spouses. If they agree to replace maintenance with lump-sum compensation, a divorced spouse’s right to maintenance is extinguished when that compensation is paid.
If the divorced spouses fail to agree on maintenance, a former spouse who is in need of support may apply to a court to rule on the other spouse’s maintenance obligation.
Maintenance is paid regularly one month in advance, unless otherwise decided by a court or agreed by the divorced spouses. Maintenance may also be provided in kind (e.g. the provision of a place to live or the provision of services).
If a divorced spouse who is a beneficiary remarries or enters into a registered partnership, their right to maintenance ends.