After separation, the review of the Austrian supplementary pension payment depends largely on the actual living and income situation. The pension, other net income, a shared household and maintenance payments must be recorded separately.

Section 292 ASVG links the entitlement to the pension, further net income, amounts to be considered under section 294 ASVG and lawful habitual residence in Austria. The law considers a spouse’s income only where a shared household exists.

This article explains which facts need to be clarified after separation and how to organise the records for a review. It does not calculate an individual threshold amount.

Initial assessment

What is the household situation after separation?

This short check classifies the living situation and the next records to collect.

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01 Question 1

How are the spouses living at present?

Choose the answer closest to the actual situation.

All paths at a glance

Overview of all answers.

01

Review the shared household and income

Organise the shared living and financial arrangements as well as both spouses’ net income. Where a shared household exists, section 292(2) ASVG may matter for the income review.

02

Prove separate households and payments

Record the move, the new address, separate household management and every maintenance payment with its date and purpose. The actual separation should be supported by contemporaneous records.

03

Clarify facts and periods

Prepare a short chronology covering the move, visits, shared financial arrangements and payments. Only then can the relevant period and income be identified with confidence.

Which conditions section 292 ASVG combines

Section 292(1) ASVG refers to the pension, net income from other sources and amounts to be considered under section 294 ASVG. If the total remains below the applicable threshold and the person has lawful habitual residence in Austria, a supplementary pension payment may be available.

The review therefore starts with a complete income overview. It should include the pension decision, ongoing other income and the amounts that the statutory rules include or exclude. Separation does not remove these steps, but it may change the household situation that has to be assessed.

Why the shared household matters

Under section 292(2) ASVG, the total net income of a spouse or registered partner living in the same household is also considered where the further statutory conditions are met. The key question is therefore whether a shared household actually exists.

A registered address, occasional visits and individual shared bills do not answer that question on their own. Review the actual living and financial arrangements, the organisation of daily life and the date of any lasting change. The chronology should show this development.

How to record maintenance payments separately

Maintenance payments are a separate set of facts. For each payment, record the period, amount, purpose and person who paid or received it. Keep this list separate from the pension amount and from any statutory income attribution.

Section 294(1)(a) and (b) ASVG have been repealed. They cannot support a flat spouse percentage. The current provision contains specific rules for the maintenance claims named there and for proving a spouse’s income in a shared household. The exact treatment therefore requires a review of the facts and the current wording.

Which records help after separation

For the living situation, useful records include residence documents, a lease, handover records, separate household costs and a factual chronology. If the spouses remain closely connected despite separate addresses, explain how housing, shopping and regular costs were actually organised.

For income, collect the pension decision, bank statements, records of other income and relevant correspondence with the authority. Link maintenance payments to transfer records, agreements or messages showing the period and purpose.

Review the threshold and relevant period

The amount of the supplementary pension payment results from an individual comparison. The applicable threshold, pension amount, other net income and statutory amounts must be established for the correct period.

For a concrete calculation, always use the current threshold and the supporting records. An old figure or a general example can distort the review. Record when the households became separate and which payments actually arrived in each month.

How to prepare the review

Start with a monthly overview. Use separate columns for the living situation, pension, other income, actual maintenance payments and available records. Mark periods in which the household or payments changed.

You can then assess whether a decision, notification to the pension insurance institution or additional evidence is needed. Clarify inconsistent information before filing and identify missing records openly.

Overview

Which question each record answers

The review is clearer when living arrangements, income and payments remain separate.

QuestionWhat mattersUseful records
HouseholdDo the spouses share a household?Actual living and financial arrangements under section 292(2) ASVGResidence records, lease, cost overview, chronology
PensionWhich pension is being paid?Pension amount and relevant periodPension decision, bank statement, change notices
IncomeWhat other net income exists?Income in money or value under section 292(3) ASVGDecisions, bank statements, income records
PaymentsWhich maintenance payments were actually made?Record date, amount, purpose and recipient separatelyTransfers, agreement, messages, payment overview

This overview does not replace a review of the individual facts and the current threshold.

Process

Organise the records in four steps

A clear order prevents the household, pension and maintenance issues from being mixed together.

1

Date the separation

Record the move, new living situation and changes in daily life with contemporaneous documents.

2

Collect income records

Set out the pension decision, other income and relevant period in one overview.

3

Separate payments

List maintenance payments separately with date, amount, purpose and supporting record.

4

Compare the rules

Bring the household, sections 292 and 294 ASVG and the current threshold together.

Practical tip: Use one line for each relevant month. This shows when the household changed and which payments were actually made.

FAQ

Supplementary pension payment after separation: frequently asked questions

Is a spouse’s income always considered after separation?

Section 292(2) ASVG links consideration of the spouse’s total net income to a shared household and further statutory conditions. Whether that link existed during the relevant period must be assessed from the actual living and financial arrangements.

Are maintenance payments alone enough for the review?

No. Record maintenance payments separately. You also need the pension amount, other income, the household situation and records for the relevant period.

Does section 294 ASVG contain an automatic spouse percentage?

Section 294(1)(a) and (b) ASVG have been repealed. A flat spouse percentage cannot be derived from them. The current wording and the individual facts must be reviewed separately.

Which figure should be used for the supplementary pension payment?

Use the current threshold applicable to the person and relevant period for a concrete calculation. A general example does not replace that evidence.

Further reading

Useful topics after separation