As long as the married cohabitation lasts, the spouses have a mutual obligation of maintenance and contribution to the family needs. However, when the married cohabitation is interrupted (divorce), the above obligation ceases to exist in the narrow sense of the term, i.e. there is no obligation to contribute to the operation of the common home, but an abstract obligation to maintain the spouses and their common children is born.
Pursuant to article 1391 of the Civil Code "if the spouse terminated the married life for a reasonable reason, the alimony owed to him by the other is paid in cash and is paid in advance every month".
Usually, when after a divorce one of the two spouses is unable to work (for example because they are busy with the children) then they can claim alimony from the other.
If the spouse has terminated the marital cohabitation for a reasonable reason, the alimony owed to him by the other is paid in cash and is paid in advance every month. The obligation ceases or its amount is increased or decreased, when the circumstances so require.
Conditions:
In order for the provision to apply, a legal marriage must have taken place, the cohabitation must be interrupted and there must be a reasonable reason for the interruption in the person of the maintenance beneficiary. Any circumstance for which the alimony beneficiary is not responsible, who, against his will, due to culpable behavior or force majeure or other event concerning the person of the other spouse, was forced to leave the family home is considered a reasonable cause.
What exactly is considered "removal"?
Eviction means either leaving the home or being expelled from it.
The abandonment of the conjugal home by the one who, through no fault of his own, is forced to move for reasons concerning the person of the other spouse, cannot in itself be attributed as a cause of the breakdown of the marriage. For example, a wife who is a victim of domestic violence is not held responsible for the breakdown of her marriage because she left the marital home in order to avoid her husband's dangerous behavior. In this case, the removal is absolutely reasonable and justified and there is no liability for shock on the part of the wife who is the recipient of the violence, but on the perpetrator of the violence.
How is spousal maintenance calculated during separation?
Regarding the way of calculating the alimony due before the divorce is issued, the financial capacity of the spouses is taken into account. The spouse who for a reasonable reason (through no fault of his/her own) interrupted the cohabitation and who is not necessarily destitute is entitled to enjoy what he enjoyed during the cohabitation, from the income of the spouse to whom the cause of the cohabitation is due dimension.
After the divorce was issued and the irrevocable dissolution of the marriage, the provision on dissolution of cohabitation no longer applies, but the provisions on alimony after divorce (articles 1442ff. AK).
According to article 1442 of the Civil Code, if one of the spouses cannot provide for his maintenance from his income or from his property, he is entitled to request maintenance from the other.
When is the ex-spouse entitled to claim alimony?
if he is prevented from working due to age or a health problem
if he exercises custody over a minor child and for this reason is prevented from exercising a profession
if he does not find stable suitable work or does not have any vocational training, when reasons of leniency dictate it. Alimony in this case cannot be awarded for more than three years from the issuance of the divorce, as three years is considered sufficient time to remove the above obstacles.
How is spousal support calculated after divorce?
Regarding the method of calculation in this case, the beneficiary's living conditions are taken into account, while if a decision specifying alimony was issued and its terms were later changed, the court can readjust or even terminate the alimony.
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