Spouses have a mutual maintenance obligation for the duration of the marriage. This obligation is intended to provide both spouses with a fundamentally equal material and cultural standard.
K čemu slouží vyživovací povinnost mezi manžely?
Výživné mezi manžely slouží k vyrovnání rozdílů v jejich finančním zabezpečení. Není podmíněno pouze tím, že by jeden z manželů nebyl schopen pokrýt své potřeby sám, ale i situací, kdy existuje výrazný rozdíl mezi finančními možnostmi a příjmy obou manželů.
When do Spouses Have Maintenance Obligation?
This obligation lasts for the entire duration of the marriage: until the divorce judgment comes in legal force. Spouses have a mutual maintenance obligation even if they are separated, yet still formally married. Even in such cases, the principle of ensuring a similar standard of living for both spouses applies. The maintenance obligation is not even limited by the fulfilment of marital obligations.
For this reason, those who are certain of a permanent breakdown of the relationship may be advised to try to legally end the marriage as soon as possible. The longer a dysfunctional marriage lasts, the more significant the financial consequences could be for one spouse. For example, it may be his or her obligation to make up for the other spouse's standard of living by paying alimony.
Exceptions to the Obligation to Pay Spousal Maintenance
However, there are some exceptions. Abuse of the law or trying to gain an advantage by dishonesty can lead to refusal of a maintenance application. According to case law, for example, "A breach of marital fidelity may be a reason for not awarding spousal support. But the fact that the other spouse has also previously broken marital fidelity cannot affect the denial of alimony."[1]
Prenuptial Agreement and Spousal Maintenance
Please note: The fact that spouses have signed a "prenuptial agreement" does not affect their mutual maintenance obligation. A separate property regime (or other agreed marital property regime) does not mean that spouses do not have to match each other's standard of living.
Spousal maintenance cannot be contractually excluded for the future. However, the amount of maintenance can be fixed by agreement.[2]
Claiming Spousal Maintenance through the Courts
If there is a significant difference in income between the spouses and they are unable to reach an agreement, the spouse with the lower standard of living can apply to court.
The court makes a comprehensive assessment: it compares the material and cultural level of both spouses. This is to be essentially the same. If this is not the case, maintenance shall make up for the material and cultural level of one of the spouses. The spousal support therefore has a balancing function.
For very wealthy couples, alimony can reach hundreds of thousands Czech Crowns a month - see the Constitutional Court's ruling.
When an application for maintenance is made, the court may award the entitlement at the earliest from the date of the commencement of the proceedings. That is to say, from the date of service of the petition on the court. This is different from maintenance for minor children, which can be claimed retrospectively.
What does Same Material and Cultural Level of Spouses mean?
Material and cultural level reflects a standard of living appropriate to social status. It includes:
- Basic needs - housing, food.
- Self-development and social contact - attending cultural and social events, maintaining relationships.
- Transportation - public, private car, depending on the possibilities also business class or private plane.
- Special expenses - extra health care, services of a personal guard, gardener or domestic staff.
Difference Between Maintenance between Spouses and Between Divorced Spouses
Spousal maintenance is rather rarely established between divorced spouses.
Podmínky vzniku nároku
Spousal maintenance between married spouses arises when the spouses have different incomes, whereas in the case of divorced spouses it must be proved that one of them is unable to support himself/herself and that this inability is related to the marriage. For example, a maintenance obligation may arise in the benefit of an ex-spouse who takes care of a disabled child all day long and due to her long absence from work on maternity and parental leave her professional qualifications have declined and she has no income from own property.
Scope of Maintenance
During the marriage, both spouses are to have the same material and cultural standard. Conversely, after divorce, maintenance is limited to a "reasonable range". This means that the former spouse is only entitled to cover the necessary needs. It would be unfair to require the same standard of living after divorce, because in the eyes of the law they are two independent persons.
Duration of the Maintenance Obligation
Spousal maintenance applies for the duration of the marriage. For divorced spouses, it is limited to a maximum of three years after the divorce, or it ends earlier if the entitled former spouse remarries.
If you have any questions about your claim for maintenance from your spouse or divorced spouse, or if your spouse or ex-spouse has contacted you with a claim for maintenance, please do not hesitate to contact us for a no-obligation consultation.
[1] Judgment of the Regional Court in Ústí nad Labem of 5 January 2004, Case No. 10 Co 150/2004, and the judgment of the Regional Court in Ústí nad Labem of 25 May 2005, Case No. 10 Co 250/2004, referring to it, available here.
[2] SLOVÁČEK, Martin. § 697 [Maintenance between spouses]. In: PETROV, Jan, VÝTISK, Michal, BERAN, Vladimír et al. Civil Code. 2nd edition (3rd update). Prague: C. H. Beck, 2024, marg. no. 6.
