Spousal support

Married couples are obliged to support each other economically. But in connection with separation and divorce one spouse may also be required to pay money to the other spouse - one may be ordered to pay spousal support.

If separation or divorce is arranged through the Regional State Administration, the couple will themselves agree whether spousal support is to be paid or not. If, on the other hand, the case is put before a court of law, the couple may leave this decision to the court.

Amount and duration

Normally a maintenance obligation will be limited to ten years - and it ceases if the person receiving support marries again or if one of the spouses dies. When the court determines the maintenance obligation, it will attach weight to what opportunities the parties have when they split up. The court does not decide on the amount to be paid.

It is for the couple to decide how much is to be paid by one spouse to the other. If they cannot reach agreement, this will be decided by the Regional State Administration. The decision by the Regional State Administration is the result of an estimate, and it is specifically based on the couple?s gross incomes ? normally the maintenance contribution is one fifth of the difference between the respective gross incomes of each spouse. Complaints concerning decisions taken by the Regional State Administration may be put before the Department of Family Affairs.

Spousal support and taxation

There is a tax-free allowance for support paid to a former spouse or partner.

Support received from a former spouse or partner is considered personal income, and must be entered on the income tax return.

Assistance from the municipality

If contributions are not paid, the municipality may assist. The municipality may withhold the amount owing from the salary of the contributor.