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.
What is the household situation after separation?
This short check classifies the living situation and the next records to collect.
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How are the spouses living at present?
Choose the answer closest to the actual situation.
Overview of all answers.
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.
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.
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.
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.
Which question each record answers
The review is clearer when living arrangements, income and payments remain separate.
| Question | What matters | Useful records | |
|---|---|---|---|
| Household | Do the spouses share a household? | Actual living and financial arrangements under section 292(2) ASVG | Residence records, lease, cost overview, chronology |
| Pension | Which pension is being paid? | Pension amount and relevant period | Pension decision, bank statement, change notices |
| Income | What other net income exists? | Income in money or value under section 292(3) ASVG | Decisions, bank statements, income records |
| Payments | Which maintenance payments were actually made? | Record date, amount, purpose and recipient separately | Transfers, agreement, messages, payment overview |
This overview does not replace a review of the individual facts and the current threshold.
Organise the records in four steps
A clear order prevents the household, pension and maintenance issues from being mixed together.
Date the separation
Record the move, new living situation and changes in daily life with contemporaneous documents.
Collect income records
Set out the pension decision, other income and relevant period in one overview.
Separate payments
List maintenance payments separately with date, amount, purpose and supporting record.
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.
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.
Useful topics after separation
Bonus, company car and variable pay in maintenance
Classify income components and records in maintenance after separation.
Guarantees and personal liability after separation
Review personal liability, bank records and risks separately.
Clarify your own case
Briefly describe the situation. We will assess which records and next steps are useful.