Maintenance – maintenance payments declared in austria

Maintenance - maintenance payments declared in Austria

Maintenance and maintenance payments to spouses and children in Austria

(Updated on July 5, 2019)

Maintenance is one of the most common issues after a divorce. In many partnerships, income during marriage is very unevenly distributed. Especially when one of the partners looks after children or does more household chores. The regulations for this are not uniform and binding in Austria. Anyone facing separation should inform themselves. We have put together the most important information here.

In this article you will find the most important basics of maintenance payments in general and the foundations of the regulations on the subject. Accordingly, you will find details on spousal support with or without a guilty verdict and the influence of child support on other claims.


The maintenance payment is not regulated uniformly in Austria. Depending on the initial situation, different factors come together that determine how much of the income one partner has to give to the other. Flat-rate judgments or calculators can therefore only be used for guideline values.

It is extremely important to deal with questions about the topic before or during the end of the marriage. Because, for example, the type of divorce also determines how the proportions that the ex-partner is entitled to are calculated.

Maintenance machines

Calculate maintenance payments to divorce partners and children with our simple online calculator

Click here!

In general there are two broad categories: on the one hand the contractually regulated divorces, on the other hand those without a contractual agreement. A divorce lawyer can help from the first step to initiate a contractual agreement if possible. An alternative are mediators who help with an agreement.

The second group is made up of ex-couples who have not contractually agreed. Here, the maintenance claim is calculated differently, depending on whether:

  • the divorce ended in a guilty verdict.
  • the divorce went without a guilty verdict.
  • one of the partners predominantly took over child rearing or care during the marriage.

Contractually regulated maintenance payments after the separation

The contractual agreement between spouses on maintenance payments is completely free for both after the divorce. This means that one of the partners can commit to very high payments or the other completely waives support.

Finding a sensible regulation for both is not always easy. Even if the separation was actually amicable, money is not an easy topic. The previous "main earner" may have little understanding of continuing to "work" for the other. On the other hand, the second one may have taken care of the household and children until then. Or he or she has turned down career opportunities. Building your own future now is often not easy.

It is advisable to seek legal advice. Either through a lawyer or two divorce lawyers. Or a mediator. They can also contribute experience on how payments should be regulated. “Relay solutions” are conceivable, so that the supported partner has a certain amount of time to stand on his own two feet.

Spousal support

If there is no contract, spousal maintenance differs further according to how the divorce proceedings ended. If there was a guilty verdict, maintenance depends on it. In the rare cases that there was no guilty verdict, there is another special arrangement. The last category, which is somewhat separate, is relevant if one of the partners has achieved claims through child rearing or care etc. The maintenance claims are then independent of a guilty verdict.

Spousal support after divorce with a guilty verdict

Spousal support after a guilty verdict is paid to the other by the partner who was "solely or largely guilty" if he cannot talk alone.

There are only rough guidelines for the amount of maintenance: A partner without their own income receives approx. 33% (one third) of the net income of the ex-spouse who is subject to maintenance.
It is more complicated if both earn: The dependent is entitled to 40% of the total income.
An example of this:

  • If the guilty partner earns € 2400 net, the dependent partner is usually awarded around € 800 if he does not earn anything.
  • If the guilty partner earns € 2400 net and the other himself € 1000 net, that amounts to € 3400. 40% of it (x0.4) is € 1,360. As a rule, the dependent partner is awarded around € 360.

If both spouses are equally responsible for the divorce, a spouse is only granted payments if he or she cannot finance themselves.

If there was a divorce decree, the other spouse is entitled to maintenance if he or she was in the household and was not in gainful employment.

Spousal support after a divorce without a guilty verdict

Even if this case is rather rare, there are specific rules: only the partner who has not filed the complaint can request support. He or she is also only awarded the so-called "cheap" amount.

Spousal support through child rearing and care

In any case, there is the possibility that a spouse – regardless of the guilty verdict – will be credited with money. This is the case if he or she looks after children together, has mainly taken over the housekeeping or had to take care of a relative.

It is important to note in general that there are no fixed regulations. You cannot determine the exact amount using a table or an online calculator – you can only estimate it. Legal advice is important in every case.

Child Support

Maintenance claims also depend on the number of children and the child support that the maintenance debtor has to pay. In addition, payments to previous partners also affect entitlements. Overall, the calculation by children, relatives to be cared for, new marriages or other obligations becomes more complicated.

Nevertheless, the fact remains that there are no clear guidelines, but only guidelines for maintenance in Austria. It is possible to find out about these guide values ​​from chargeable or free providers or to do the calculations yourself.

Maintenance machines

Calculate maintenance payments to divorce partners and children with our simple online calculator

Click here!

If you want or need personal advice, do not hesitate to send an inquiry to our lawyers. Lawyers with specialist knowledge can advise you or assist you in a procedure. Don’t hesitate to miss a possible advantage.

Do you have further questions about divorce? You can also find information about: works with legal advisers on family law in these places in Austria

Comments 3

The best way to avoid child support payments is to just not get married! I hope the next generation of men will understand that.
Because the fact is, satistically proven but of course denied, that women ‘marry upwards’ and are therefore almost never sentenced to maintenance.

The fact is what is in the article: “…. during the marriage mainly took over the child rearing or care ".

That these people use the time that is available for “raising children and running the household” to break the marriage
remains with our judiciary and our politicians completely
left out. So they will be rewarded for it.
And that is exactly the conflict !!

I got divorced and move out of the common house. Have fixed costs including car of about 1000 euros. (I earn 1500 net, my husband 2250 net) My husband (who stays in the house and has paid me a fixed amount after 25 years) says I have to pay him 388 euros for our daughter if she stays with him, according to the maintenance calculator. From what should I live then. Have another daughter who is studying!

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