Disability Pension and Child Support

The statutory regulation governing the entitlement to maintenance for a divorced spouse is laid down in Act No. 36/2005 Coll. on the Family and on Amendments to Certain Acts, as amended (hereinafter referred to as the “Family Act”).

Pursuant to Section 72(1) of the Family Act: “A divorced spouse who is unable to support themselves may request the former spouse to contribute to their reasonable maintenance according to their abilities, possibilities, and financial standing.”

In order to assess whether a divorced spouse is genuinely unable to support themselves, it is not only their current income or potential opportunities to earn additional income that are relevant, but also their overall financial standing and assets.

“The discrepancy in the standard of living of the former spouses after the dissolution of marriage does not constitute a ground for awarding a maintenance contribution; neither does the fact that the petitioner’s standard of living has decreased (even significantly) compared to the period prior to the dissolution of marriage, nor that they are unable, through their own labor, to earn sufficient means to satisfy their needs to the same extent as during the marriage. The sole relevant circumstance can only be the fact that the former spouse is unable to reasonably support themselves.” (PAVELKOVÁ, B.: Zákon o rodine. Komentár [Family Act. Commentary]. 2nd edition. Bratislava: C. H. Beck, 2013)

The determination of the scope of the maintenance contribution may be effected by an agreement between the former spouses. If no agreement is reached, either of the former spouses may petition the court, whereby the court shall also take into account the grounds that led to the divorce of the marriage.

Pursuant to Section 73(3) of the Family Act: “The maintenance contribution for a divorced spouse may be awarded for a maximum period of five years from the date on which the divorce decree becomes final and legally effective. In exceptional cases, the court may extend this period if the divorced spouse to whom the court awarded the contribution is, due to objective reasons, unable to support themselves even after the expiration of this period, in particular if it concerns the spouse who was entrusted with the personal care of a child with a long-term adverse health condition during the divorce proceedings, or a spouse who themselves suffers from a long-term adverse health condition requiring constant care.”

If an agreement on the award of the maintenance contribution for the former spouse has been concluded, or if the entitlement has been awarded by a court, the entitlement shall terminate upon entering into a new marriage or upon the death of the liable spouse.