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Spouses owe each other a mutual duty of maintenance throughout the duration of their marriage. The purpose of this obligation is to ensure that both spouses enjoy, in principle, the same material and cultural standard of living.
What Is the Purpose of Spousal Maintenance?
Spousal maintenance serves to reduce disparities in the financial circumstances of spouses. Entitlement to maintenance does not depend solely on one spouse being unable to meet their own needs. It may also arise where there is a significant difference in the spouses' income, financial means, and overall standard of living.
When Does the Duty of Maintenance Between Spouses Apply?
The obligation exists for the entire duration of the marriage, from the date of the wedding until the divorce judgment becomes final.
Spouses owe each other maintenance even if they live separately but remain legally married. In such situations, the principle that both spouses should enjoy a broadly equivalent standard of living continues to apply.
Importantly, the duty of maintenance is not conditional upon the proper performance of marital obligations.
For this reason, individuals who are certain that their relationship has irretrievably broken down should consider bringing the marriage to a legal end as soon as reasonably possible. The longer a dysfunctional marriage continues, the greater the potential financial consequences for one spouse, including an obligation to equalise the other spouse's standard of living through maintenance payments.
Exceptions to the Duty to Pay Maintenance
There are, however, certain exceptions.
An application for maintenance may be rejected where the claimant is abusing their rights or attempting to obtain an unfair advantage through dishonest conduct.
According to Czech case law:
"A spouse's breach of marital fidelity may constitute a reason for refusing maintenance. However, the fact that the other spouse had previously breached marital fidelity does not affect the refusal of maintenance." [1]
Prenuptial Agreements and Spousal Maintenance
A common misconception is that a prenuptial agreement affects the spouses' mutual duty of maintenance.
It does not.
A separate property regime, or any other agreed matrimonial property regime, does not eliminate the obligation to maintain a comparable standard of living between spouses.
Nor may spouses validly exclude future maintenance obligations by agreement.
However, legal commentators generally accept that spouses may agree on the amount of maintenance payable between them. [2]
Claiming Maintenance Through the Courts
Where there are significant disparities in income and the spouses cannot reach an agreement, the spouse with the lower standard of living may apply to the court.
The court conducts a comprehensive assessment of the spouses' material and cultural standards of living. As a general rule, those standards should be equivalent. If they are not, maintenance is intended to bridge the gap.
Spousal maintenance therefore performs an equalising function.
In exceptionally wealthy families, maintenance awards may reach hundreds of thousands of Czech crowns per month, as illustrated by decisions of the Czech Constitutional Court.
It is important to note that maintenance can only be awarded from the date court proceedings are commenced, i.e. from the date the application is filed with the court.
This differs from child maintenance, which may in certain circumstances be claimed retroactively.
What Does an Equal Material and Cultural Standard of Living Mean?
The concept reflects a standard of living corresponding to the spouses' social and economic position.
It includes:
- Basic needs – housing and food;
- Personal development and social life – participation in cultural and social activities and maintaining social relationships;
- Transport – ranging from public transport and personal vehicles to business-class travel or even private aviation, depending on the spouses' circumstances;
- Specific expenses – such as premium healthcare, personal security services, gardening services, or domestic staff.
Spousal Maintenance vs. Maintenance Between Former Spouses
Maintenance between divorced spouses arises far less frequently than maintenance between spouses who remain married.
Conditions for Entitlement
During marriage, maintenance may be awarded where there is a significant disparity between the spouses' financial circumstances.
After divorce, however, the claimant must prove that they are unable to support themselves and that this inability is connected to the marriage.
For example, maintenance may be awarded to a former wife who provides full-time care for a disabled child and whose professional qualifications have deteriorated due to a lengthy absence from the workforce during maternity and parental leave, particularly where she has no independent income from assets.
Extent of Maintenance
During marriage, both spouses should enjoy the same material and cultural standard of living.
After divorce, maintenance is limited to a reasonable extent. In other words, a former spouse is entitled only to the coverage of their necessary needs.
Requiring a former spouse to maintain the same standard of living after divorce would generally be inappropriate, as the parties are, from a legal perspective, independent individuals.
Duration of the Maintenance Obligation
The duty of maintenance between spouses continues throughout the marriage.
Maintenance between divorced spouses is generally limited to a maximum of three years following the divorce. It may also terminate earlier if the entitled former spouse remarries.
Need Advice on Spousal Maintenance?
If you have questions regarding your entitlement to maintenance from your spouse or former spouse, or if your spouse or former spouse has made a maintenance claim against you, do not hesitate to contact us for an initial consultation.
[1] Judgment of the Regional Court in Ústí nad Labem dated 5 January 2004, Case No. 10 Co 150/2004, as cited in the Judgment of the Regional Court in Ústí nad Labem dated 25 May 2005, Case No. 10 Co 250/2004.
[2] SLOVÁČEK, Martin. Section 697 [Maintenance Between Spouses]. In: PETROV, Jan, VÝTISK, Michal, BERAN, Vladimír et al. Civil Code. 2nd edition (3rd update). Prague: C. H. Beck, 2024, marginal note 6.