Both spouses are at fault in an Austrian divorce: Maintenance under § 68 EheG

When does section 68 EheG apply?

Section 68 requires three findings: both spouses are at fault for the divorce, neither is predominantly at fault, and the spouse seeking maintenance cannot support themselves. If those conditions are met, a contribution may be awarded where and to the extent that fairness justifies it.

The statutory wording leaves room for an assessment of the actual circumstances. Shared fault alone does not establish a particular payment. The claimant's ability to meet their own needs and the other spouse's financial position also need to be examined.

How should the claimant's needs and means be recorded?

The spouse seeking a contribution needs to present a clear picture of their financial position. This includes regular income, available assets and necessary expenses. The question is whether those resources cover their own support and what need remains unmet.

A comparison of the spouses' earnings alone does not answer that question. Regular commitments and the household's actual costs can also help explain the claimant's needs. Bank statements, payslips or pension records, and housing and living-cost documents help establish the relevant period.

Section 68 does not specify a general income threshold or a fixed percentage. The figures therefore need to be explained in the context of the individual circumstances.

Which financial circumstances affect the fairness assessment?

Section 68 names the claimant's needs and the other spouse's assets and earning circumstances. A fair assessment therefore needs current information about the other spouse's income and property as well as a clear account of the claimant's needs.

Section 68 refers to § 67 EheG, specifically § 67 Abs. 1 Satz 2 (second sentence). If the spouse who may have to pay maintenance owes support to a minor unmarried child, a new spouse or a registered partner, the needs and financial circumstances of those people must also be considered. Record those obligations and the underlying details separately.

A housing subsidy loan may be part of the financial records. The separate questions involving the funding authority, lender and repayments are covered in the guide to housing subsidy loans in divorce. The significance of a liability depends on the facts and supporting records.

Can the maintenance contribution be limited in time?

Yes. Section 68 expressly allows the contribution duty to be limited in time. It does not set one duration for every case. Any proposed period needs to be considered alongside the claimant's needs and the financial circumstances of both spouses.

The duration and amount are separate questions. The provision permits a time limit, but it does not make every contribution temporary. Record both the current monthly need and any expected change in income or necessary expenses.

§ 68a EheG addresses a separate post-divorce maintenance question. The related guide explains maintenance under § 68a and a new relationship.

Which records help with the assessment?

A structured first review can start with the divorce decision and records relevant to the findings on fault, an overview of the claimant's income and expenses, and documents about the other spouse's assets and earnings. Include records of any maintenance obligations covered by § 67 Abs. 1 Satz 2.

Arrange figures by month and mark one-off amounts separately. This makes it easier to distinguish continuing costs from temporary expenses. If information is missing, identify the specific record or figure that still needs to be obtained.

If the other spouse is not responding and information is hard to obtain, the guide to steps when there is no contact with a spouse covers that separate procedural issue.