In a valid legal marriage, the spouses have to pay for their maintenance together. Should one spouse earn less than the other, or their income or assets be insufficient to meet their everyday needs, then he or she is in principle entitled to a monetary spousal maintenance claim. After divorce, maintenance - if Austrian maintenance law is applicable - depends on the outcome of the divorce proceedings (should there be a fault divorce in which marital misconduct on the part of the other spouse has been established). Irrespective of the divorce debt, however, it is necessary to assess how savings and household goods are to be divided after a divorce. The right of division is one of the most complex areas of family law in which individually tailored sound legal advice and support is strongly recommended.
The following menu pages will give you an overview of the maintenance and property consequences of marriage and divorce.