Spousal support
Married couples are under obligation to support each other financially. When separating or divorcing, neither spouse is automatically entitled to spousal maintenance (spousal support), but under certain circumstances one of the spouses may be required to pay spousal support to the other. (Please note that spousal support is not the same as child support).
If separation or divorce is arranged in the Agency of Family Law, the couple themselves must agree whether spousal support is to be paid or not. If, on the other hand, an agreement has not been reached, and the case is brought before a court of law, the decision is left to the court. The court will then decide if a maintenance obligation exists. The court will also decide on the duration of the obligation. The court does not, however, determine the amount that is to be paid.
If an agreement on the amount cannot be reached between the parties, the parties have the option of submitting an application to the Agency of Family Law which will then set the amount.
Duration and amount
The duration of a maintenance obligation will typically be between one and ten years and will normally not exceed ten years. The obligation ceases if the person receiving support remarries.
The spouses may decide on the amount to be paid. If they cannot reach an agreement, the amount can be set by the Agency of Family Law. The decision by the Agency of Family Law will be the result of an estimate and will be based on the gross income of both parties. Usually, the spousal support constitutes approximately one fifth of the difference between the respective gross incomes of each spouse. However, minimum and maximum limits to spousal support have been set.