Application for Termination of Spousal Maintenance

QUESTION
When can I request the termination of my maintenance obligation towards my wife?

ANSWER:
Spouses have, by operation of law (§ 71(1) of Act No. 36/2005 Coll., the Family Act, hereinafter “FA”), a mutual maintenance obligation. If one spouse fails to fulfil this obligation towards the other, resulting in a significant disparity between their living standards, the disadvantaged spouse may file a court application requesting the court to determine the other spouse’s maintenance obligation.

However, the Family Act also provides the obligated spouse with certain options to be released from court-ordered maintenance.

Under § 75(2) FA:

“Maintenance cannot be granted if it would be contrary to good morals; this does not apply to maintenance for a minor child.”

According to legal commentary, this could apply, for example, where the court has awarded maintenance to a former spouse who subsequently lost their earning capacity as a result of criminal activity (source: Bános J., Family Act – EPI Commentary).

Pursuant to § 78(1) FA:

“Court decisions on maintenance may be changed if circumstances change.”

And under § 78(3) FA:

“When assessing a change in circumstances, account shall always be taken of changes in the cost of living.”

Termination of maintenance for a spouse is only possible upon application.

The spouse seeking to terminate their maintenance obligation must, in either case, describe in detail and convincingly in the application either:

  • why they consider payment of maintenance to be contrary to good morals, or
  • what change in circumstances has occurred that justifies the termination of the obligation.

The application should also specify the date from which the applicant requests the maintenance obligation to be terminated.