The maintenance contribution for a divorced spouse is an institution designed to secure adequate maintenance for a former spouse who is unable to support themselves. The court awards it on application, taking into account the circumstances of both parties, the causes of the marriage breakdown, and good morals. The entitlement lasts for a maximum of 5 years as standard, but may be extended for serious reasons. It ceases on death, on the entitled spouse's remarriage, or when cancelled by the court following a change in circumstances.
A specific institution of family law through which adequate maintenance of a former spouse is secured is the maintenance contribution for a divorced spouse. Unlike spousal maintenance during marriage, this contribution can only be claimed after the marriage has ended by divorce, or after the judgment declaring the marriage invalid has become final. Imposing this maintenance obligation should be the exception rather than the rule.
The person entitled to apply is the former spouse who is unable to secure their own maintenance. Under the established decision-making practice of the courts, the term "inability to support oneself" means that the divorced spouse, for objective reasons, earns an income that does not allow them to cover their basic living needs (unless their overall financial circumstances justify a different conclusion). These reasons include in particular:
The application is filed against the former spouse who, if the statutory conditions are met, is obliged to provide this contribution. When determining the amount of the contribution, the court takes into account the abilities, possibilities and financial circumstances of the obliged spouse.
The term "adequate" expresses the requirement of maintaining a certain degree of proportionality (an appropriate measure). Adequate maintenance means not only covering the basic costs of food, but also providing for other justified needs of the divorced spouse arising from their age, state of health, previous way of life and similar relevant circumstances.
The law gives priority to an agreement on the amount of the contribution. If no agreement is reached, the extent of the contribution is determined by the court on the application of either former spouse. In its decision, the court also examines the causes that led to the breakdown of the relationship between the spouses and assesses whether awarding the contribution is consistent with good morals.
In practice, the application to the court is usually framed in one of the following ways:
The Slovak Family Act does not set a time frame after the end of the marriage within which the entitled spouse must file the application. It does, however, limit the duration of the entitlement itself – to a maximum of five years from the date the divorce decision, or the decision declaring the marriage invalid, becomes final. This limitation reflects the concept of temporary solidarity, intended to allow the entitled spouse a reasonable adaptation to new social and economic conditions.
In special cases, the contribution may be extended for a longer period. An extension is possible only if:
The grounds for extension are demonstrative (open-ended) in character. Grounds explicitly mentioned in the statute, or of comparable seriousness, include for example:
The entitlement to the maintenance contribution for a divorced spouse ceases in several ways:
Cessation ex lege (by operation of law): On the death of the entitled or the obliged spouse (it is a personal entitlement that does not pass to heirs). On the entitled spouse entering into a new marriage (regardless of whether the new spouse is able to fulfil the maintenance obligation).
Effect of the obliged spouse's new marriage: If the obliged spouse enters into a new marriage, the contribution does not cease automatically. Its amount may, however, be changed on the obliged spouse's application if new maintenance obligations arise for them (towards the new spouse or children).
Cessation or modification by court decision (change in circumstances): The court may cancel or adjust the obligation to contribute upon a relevant change in circumstances. A change in circumstances occurs, for example, when the possibilities and circumstances of the obliged spouse change, or when the entitled spouse becomes able to support themselves (e.g. by finding employment or through an improvement in their health).
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