Alimony from an ex-spouse - when can it be claimed?

The pronouncement of divorce by the court does not imply the severance of all relations between the spouses. Although the parties are no longer married, they may still have a maintenance obligation towards each other. Alimony from a former spouse can be requested in several cases.

The issue of maintenance is closely linked to the determination of fault for marital breakdown. I have written in previous posts that, with the agreement of the parties, the court may refrain from making a finding of fault, otherwise the divorce judgment will always include a finding of fault, Which spouse is to blame for the breakdown of the marriage.

• The court may pronounce a divorce:
• 1) due to the sole fault of one of the spouses,
• 2) due to the fault of both spouses,
• 3) without an adjudication of guilt,
• 4) with a finding that neither spouse is at fault.

On the subject of the maintenance obligation between spouses in the case of divorce without the adjudication of guilt I have written a separate post consequences of divorce without declaring fault

Maintenance obligation of a spouse with sole fault

In the event of a divorce decree due to the sole fault of one of the spouses the other spouse may request an order for maintenance on his or her own behalf if the divorce has resulted in a material deterioration in his financial situation. The innocent spouse has to prove that after the divorce his or her financial situation will be worse than during the marriage, and that this deterioration is material.

„When assessing whether there has been a substantial deterioration of the material situation of the innocent spouse (Article 60 § 2 of the Civil Code), it is necessary to take into account the material conditions of that spouse which he or she would have had if the other spouse had duly fulfilled his or her obligations and if the spouses had continued living together.” Resolution of the Full Court of the Civil and Administrative Chamber of the Supreme Court of 16 December 1987, III CZP 91/86

Where a divorce has been pronounced through the sole fault of one of the spouses, maintenance obligation is not limited by any term. It may therefore last for life. The obligation ceases if the spouse entitled to alimony marries anew. A spouse found to be solely responsible for the breakdown of the marriage cannot claim maintenance from an innocent spouse.

1. Maintenance obligation in other casesWhen a court decides that both spouses shall be blamed for the breakdown of the marriage, they may claim maintenance from each other, but only if they are in privation. It is understood that deprivation shall mean the inability to meet justified needs. The burden of proof for this condition lies with the spouse who requests alimony. Again, the duration of the maintenance obligation is not limited in time.

If, on the other hand, the court determines in its judgment that neither spouse is at fault for the breakdown of the marital relationship or at the joint request of the parties did not rule on guilt, then, as in the case of fault on the part of both parties, the former spouses can only claim alimony from each other if they are in privation. However, in this situation, the duration of the maintenance obligation is different. The obligation lasts for five years from the time the judgment becomes final. In exceptional circumstances, the court may extend this period. Of course, if the spouse entitled to receive maintenance enters into a new marriage, the maintenance obligation will also cease.

Remember!
The maintenance obligation ceases whenever the spouse entitled to receive maintenance enters into a new marriage. The conclusion of a new marriage by the obliged spouse does not relieve him or her of the maintenance obligation towards the former spouse.

Do you need additional legal assistance? Do you have questions about maintenance, email me!