The right of one spouse to maintenance assistance after divorce

After a divorce, one of the spouses may be entitled to maintenance (alimony) under certain conditions:

1. Incapacity for work: If a person became incapable of working before the divorce or within one year after it and requires financial assistance, they have the right to maintenance from the former spouse.
2. Reaching retirement age: If, at the time of divorce, the person had no more than five years left before reaching retirement age, and the marriage lasted for at least ten years, the person has the right to maintenance after reaching retirement age.
3. Inability to receive education or work: If during the marriage one spouse was unable to obtain education, work, or hold a relevant position due to raising children, managing the household, illness, or other important circumstances, they have the right to maintenance for up to three years after the divorce, provided they need financial assistance.

• Form and amount of maintenance:
• Maintenance can be provided in the form of monthly monetary payments or a lump sum, depending on the agreement between the former spouses or the court’s decision.
• The amount of maintenance is determined based on the financial and family circumstances of both parties.
• Termination of the right to maintenance:

The right to maintenance terminates in the following cases:

• Restoration of the recipient’s capacity to work.
• Marriage of the recipient.
• Expiration of the period for which maintenance was awarded.

Additionally, the right to maintenance may be terminated or restricted by the court if it is established that:

• The marriage was of short duration.
• The incapacity of the spouse requiring financial support resulted from committing a deliberate criminal offense.
• The incapacity or serious illness of the spouse requiring financial support was concealed from the other spouse at the time of marriage.
• The recipient of alimony consciously put themselves in a position of needing financial assistance.