Many people call it wife-keeping, but it is not exclusive to the ex-wife. Spousal maintenance (also known as spousal support ) after divorce is a legal instrument designed to provide financial support to one spouse who, through no fault of his or her own, becomes financially destitute and needy after the divorce.
It is governed by the Civil Code (Act V of 2013), the main points of which are summarised below.
When is spousal maintenance payable?
The former spouse is entitled to spousal maintenance if the following conditions are met:
- In a vulnerable situation
– Unable to support themselves (e.g. due to illness, old age, incapacity for work, raising a young child). - The need is not due to any fault on your part
– The ex-spouse did not put you in this situation intentionally or negligently. - The other former spouse’s ability to support the person in need
– The other party is in a financial position to support the person in need without making him or her or his or her new family unable to do so. - Conduct during the marriage is not a ground for disqualification
– The former spouse did not abuse his/her rights or engage in unworthy or seriously reprehensible conduct during the marriage.
How long does it last?
- By agreement: the parties may agree on the amount and duration of the maintenance.
- By court decision: if there is no agreement, the court decides.
- Duration: can be either fixed or indefinite, both until the need arises.
Special case: former spouse with a child
If the ex-spouse is raising a child and is unable to work because of this, this in itself can establish a dependency claim.
Spousal maintenance in practice
To better understand spousal maintenance, we would like to give two examples. In one case the court granted it, in the other it rejected it.
- Example – Awarded spousal maintenance
Ildiko and Peter divorce after 15 years of marriage. Ildikó is 52 years old, and during the marriage she raised their three children full-time and did not work regularly. At the time of the divorce, only the youngest child, aged 10, lives with her. Ildikó is unable to work full-time due to health problems, only part-time for a few hours a week. Her income is low and she can barely cover her basic expenses.
Decision:
The court finds that:
- Ildikó can establish your means
- The situation is beyond your control .
- Peter is financially stable and has a good-earning job.
The court will award Ildiko spousal maintenance, a fixed monthly amount for as long as she is in need, with the exception of when she is unable to work or when she is raising the child alone.
- Example – Refused spousal maintenance
Location:
Gábor and Nóra were married for 8 years. Nóra applied for spousal maintenance, claiming that she was going through a “difficult time” after the divorce and wanted to maintain her lifestyle. However, Nóra is healthy, has a university degree and is able to work. She worked during the marriage and still has a job, but at a lower salary than Gábor.
Decision:
The court considers that:
- Nora is not destitute, as she can support herself.
- His income may be lower, but that is no reason to keep him.
- There are no factors that justify an award of spousal maintenance.
The court rejects the request for maintenance.
