Spousal support

·         Are spouses obliged to pay maintenance during a marriage?
·         What does maintenance during marriage entail?
·         In the case of a joint income, to what extent is a spouse liable for maintenance during marriage?
·         What role do children play in maintenance during marriage?
·         How do shared living expenses, such as rent, affect maintenance during a marriage?
·         How will maintenance be affected if the spouse obliged to pay maintenance moves out of the home?
·         Can maintenance be cumulative?
·         How do crossborder issues affect maintenance?

These are a few frequently asked questions. Basic answers to these questions may only in theory be almost mathematically simple and straightforward. For example: According to Austrian law, while a marriage is legally valid spouses are obliged to provide maintenance to the best of their ability and in accordance with the tacit organization of their marriage. In other words, the spouse who runs the joint household theoretically thereby makes his/her contribution, following which he or she may demand maintenance from the other spouse in full or in part in cash, in theory being entitled to 33% of the income of the person liable for maintenance. However, as may be seen from this example, these theoretical answers may seem mathematically precise but imply various variables and arguments which could make practical and individual application rather complicated. Based on my experience, the higher the stakes, the more convoluted the case could become and therefore, in order to be able to determine the justification and amount of maintenance claims in detail, a wide range of information and intimate knowledge of the case law of the Supreme Court is required. 

Case Law