Spousal maintenance obligation (alimony) in Slovakia

According to Article 71 of the Family Act, spouses have a mutual maintenance obligation to ensure both maintain the same standard of living. This obligation lasts throughout the marriage, regardless of whether they live together. If one spouse does not fulfill this obligation, the court can determine its scope.

In the event of a divorce, the obligation ceases with the final court decision. Spousal maintenance takes precedence over the maintenance obligations of children towards parents and vice versa. The principle of equality ensures both spouses have the same standard of living during the marriage.

How must this obligation be fulfilled during your life together?

The maintenance obligation must be fulfilled throughout the entire marriage, regardless of whether the spouses live together in a common household or not.

In the event of divorce, does the maintenance obligation between former spouses continue?

The legal entitlement to spousal maintenance lasts only until the final divorce date. After divorce, the maintenance duty continues only if the former spouse is objectively unable to earn their own income, which is rare. This can be ruled by the court for up to five years after the divorce, considering the reasons for the divorce. Maintenance for more than five years can be granted in special cases, such as when the former spouse cares for a minor child with special needs or has special health conditions. The allowance for maintenance of a divorced spouse is a separate claim with different conditions and scope compared to mutual maintenance obligations during the marriage.

Are there methods to calculate spousal maintenance?

Spousal maintenance (alimony) covers personal needs like food, clothing, housing, and cultural activities, based on the standard of living established during the marriage. The goal is to maintain a similar standard of living for both spouses, though not necessarily equal amounts of money.

Can this financial compensation be called into question after the divorce?

No. as mentioned above It is very rare to have maintenance granted for a former spouse due on the grounds that they meet the condition of objectively not being capable of having their own income.