Alimony for an ex-wife

Being a disability pensioner does not automatically entitle you to alimony from your ex-spouse. When assessing the right to alimony, the court will refer to the provisions of Act No. 36/2005 Coll. on Family and Amendments to Some Laws (the “Family Act”).

According to § 72, para. 1 of the Family Act: “A divorced spouse who is unable to support themselves may request that the former spouse contribute to their reasonable maintenance according to their abilities, possibilities, and financial circumstances.”

In such a case, the court will assess whether you are unable to secure your basic living needs on your own. The assessment will not rely solely on your current income but also on your potential opportunities and overall financial situation. The court will also consider whether your ex-husband is capable of contributing to your maintenance. The reasons that led to the divorce may also influence the court’s decision.

According to § 72, para. 3 of the Family Act: “The contribution to the maintenance of a divorced spouse can be granted for a maximum of five years from the date the divorce decision becomes final. The court may extend this period exceptionally if the divorced spouse who has been granted the contribution is objectively unable to support themselves even after this period, especially if the spouse who was awarded custody of a child with long-term health issues or the spouse who has their own long-term health issues requiring continuous care.”

According to § 72, paragraph 1 of the Family Act: “A divorced spouse who is unable to support themselves may request that the former spouse contribute to their reasonable maintenance according to their abilities, possibilities, and financial circumstances.“

According to § 72, paragraph 2 of the Family Act: “If the former spouses do not agree, the court will determine the amount of maintenance at the request of either party. It will also take into account the reasons that led to the breakdown of the relationship between the spouses.”

According to § 72, paragraph 3 of the Family Act: “Maintenance for a divorced spouse can be granted for a maximum of five years from the date the divorce decision becomes final. The court may exceptionally extend this period if the divorced spouse, to whom the court granted the maintenance, is objectively unable to support themselves even after this period, especially if the spouse was granted custody of a child with long-term health issues or the spouse has long-term health issues requiring continuous care.”

According to § 73 of the Family Act: “The right to maintenance ends if the entitled spouse remarries or if the obligated spouse dies.“

EPI Commentary on the Family Act: “According to § 72 of the Family Act, if the legal conditions are met, solidarity from the marriage bond can be transferred, to a limited extent, into the period after the dissolution of the marriage in the form of maintenance for the divorced spouse. This can only be applied after the divorce (in the case of the dissolution of a common-law partnership, this entitlement does not arise). Although it is a form of solidarity between former spouses, in this case, it is only for securing reasonable maintenance for the spouse who is unable to support themselves, and not for maintaining the same standard of living as during the marriage. The reasonableness that limits the amount of the contribution is defined by the purpose for which the maintenance is intended – to cover part of the justified expenses of the divorced spouse and their household. Therefore, this maintenance is not intended to maintain the same standard of living for the divorced spouse. The basic condition for granting it is the inability of the divorced spouse to support themselves and the resulting dependency on assistance from the former spouse. The court, when assessing the ability to live independently, does not only consider the fact that the former spouse is unemployed, nor does it use the criteria applied in determining the maintenance obligation between spouses, but also subjectively and objectively assesses the former spouse’s capabilities and opportunities in the labor market, i.e., whether the spouse is capable of working and what their financial situation is.“