In Austria, you can receive spousal support after divorce for various reasons. Support based on your previous standard of living is to be paid, if the other party is responsible for the breakdown of the marriage and earns significantly more. Otherwise, you may also be entitled to spousal support if, for example, you are caring for a young joint child or because you were a homemaker during the marriage and therefore no longer have earning potential. You may also be entitled to spousal support if you find yourself in financial distress. The decisive factors are income, standard of living during marriage, and the reason for divorce. In the case of a divorce by mutual consent, spousal support can also be agreed upon by mutual consent. A divorce by mutual consent does not automatically mean that there is no spousal support.

Whether you have to pay spousal support even after the divorce depends primarily on who is at fault for the divorce and your income situation. Not every divorce automatically leads to spousal support obligations. If the person who earns significantly more is also at fault for the failure of the marriage, this can lead to an obligation to pay spousal support even after the marriage is over.

The duration of spousal support is not fixed by law. In some cases, there is only a temporary entitlement, for example until the person returns to work. In other cases, spousal support may be owed for an unlimited period of time. Here, too, it often depends on who is at fault for the failure of the marriage.

Child support does not automatically end when the child turns 18. The maintenance obligation also applies during a course of study, as long as this is pursued seriously. There is no fixed age limit. As a rule, the maintenance obligation ends when the child completes an appropriate course of education. Generally when the child is able to support themselves, the maintenance obligation ends.

The amount of child support depends on the income of the parent who is obliged to pay alimony and the age of the child. In practice, so-called percentage models are used. Depending on the age of the child, a certain percentage of the monthly net income is owed. For children aged 0-6, this is 16 percent. For children aged 6-10, it is 18 percent. For children aged 10-15, it is 20 percent, and for children aged 15 and over, it is 22 percent of net income. The number of children you have and how much time you spend looking after them also plays a role. The more time you spend looking after your children, the less child support you owe. For very high incomes, there is a luxury limit.

The law does not prescribe a fixed rule here. In practice, it depends on what has been agreed with the other parent or what the court has determined. Generally though the parent who has the visitation right, will pick up and bring back the child to the parent who is the primary care giver.

In Austria, custody after divorce normally remains joint – this is the rule. Both parents continue to decide together on important issues such as school, health, or the child’s place of residence.

Only if joint custody is detrimental to the child’s welfare, for example, in cases of serious conflict, violence, or lack of communication—can the court grant sole custody to one parent.

(Legal) Custody includes the care, upbringing, legal representation, and asset management of a child. It can be exercised jointly or alone. If the parents are not married, only the mother has (sole) custody at first. However, the parents can agree on joint custody. If the parents are married, both automatically have custody. Custody however is not the same thing as visitation or contact right. So joint custody does not mean that the time with the child is split 50/50. How and when parents get to spend time with a child is an issue of “contact right” or visitation.

If agreed or court-ordered visitation times are repeatedly disregarded, the court can intervene. Possible consequences include:

• Penalties against the parent who is preventing visitation
• Adjustment of the contact arrangement (e.g., accompanied visitation)
• In serious cases: change of custody

Important: Document violations in detail (date, time, circumstances). The court always checks whether the child’s welfare is at risk and acts accordingly.

If a house was purchased or built during the marriage, it belongs to both parties in the divorce. It is not decisive who is listed in the land register or who paid the mortgage installments. During marriage, finances are managed jointly. This means that it does not matter whose name the house is in or who paid for the installments as long as they were paid during the marriage with money that one person earned during the marriage.

Generally, if the house was acquired during the marriage, it is subject to division of assets, regardless of who is listed in the land register. It may also be relevant who the joint children mainly live with.

In Austria, marital property and savings are divided in the event of divorce. This includes the shared home/house, household goods and furnishings, and savings. Not relevant is, who made the savings or who´s name is on the bank account. As long as the savings were acquired during the marriage (by one party), they are to be divided in the case of a divorce.

The following are not included in the division: assets that existed before marriage, inheritances, gifts, or purely personal items.

The division is generally 50/50 but can be adjusted depending on the length of the marriage, the contribution of the partners (household management counts too!), and the welfare of the children.

Yes, cheating can be grounds for divorce. Adultery is considered a serious marital offense and can be relevant in a contested divorce, especially in connection with fault and alimony.

Legally, adultery occurs when one spouse has sexual intercourse with a third person. This is the classic case of serious marital misconduct.

However, even intense emotional affairs without physical contact can be considered marital misconduct under certain circumstances, especially if they place a heavy strain on marriage or destroy trust.

The decisive factor is always: Has the behavior damaged the marriage so severely that it is unreasonable to continue it?

An amicable and quick divorce is possible if both spouses agree to divorce and also agree on the main consequences of the divorce. This includes the division of assets, spousal support after the divorce, custody, contact rights, and child support. Please note: Physical separation is not necessary for an amicable divorce and can be even harmful from a legal perspective. If you cannot agree, a contested divorce may be an option. This is particularly the case if you can accuse the other person of something (e.g., infidelity, violence, breach of marital duties, etc.). In this case, you can file for divorce. Alternatively, divorce is also possible if the domestic partnership has been dissolved for three years. Please note: Moving out of the marital home can constitute serious marital misconduct.

A divorce is initiated by either filing an joint application for an amical divorce or a petition for a divorce (if there is no agreement) with the district court responsible for your place of residence. In the case of a divorce by mutual consent, both spouses file an application together.

If one partner does not agree, there are various options:

You can sue the other person for divorce. A contested divorce may be an option, especially if you can accuse the other person of something (e.g., infidelity, violence, violation of marital duties, etc.). In this case, you can file for divorce at the district court with jurisdiction. The court will then examine who is at fault for the breakdown of the marriage. Alternatively, divorce is also possible if the domestic partnership has been dissolved for three years. Please note: Moving out of the marital home can constitute serious marital misconduct and should therefore not be done lightly from a legal perspective.

The duration depends on whether the divorce is amicable or contested. Amicable divorces can be settled quickly, while contested proceedings can drag on for months or even years.

An uncontested divorce often takes only a few weeks. A single court hearing is often sufficient if all issues have been settled in advance.

Yes, legally, it is possible to get divorced without a lawyer. In practice, however, legal advice is recommended to avoid legal disadvantages.

In a divorce by mutual consent, the spouses agree on all the consequences of the divorce.

If a married couple has been separated for at least six months ( they do not have to live separately), they can jointly apply for a divorce by mutual consent at the competent local district court. A divorce by mutual consent requires that the spouses agree on the divorce and its consequences. They must reach a divorce agreement. This agreement can also be recorded verbally in court or submitted in writing (divorce settlement). After receiving the application, the court sets a hearing date at which the spouses must appear. If the spouses do not submit a divorce settlement by then, they can conclude one during the oral hearing. However, it is also possible to have a divorce settlement drawn up in advance by a lawyer. The agreement must cover the following points: division of assets, spousal support after the divorce, custody, contact rights, and child support. In the case of minor children, the parents must attend a one-time parental counseling session and present this confirmation to the court.

Mediation is a voluntary process in which a neutral mediator helps you and your partner find a solution. Unlike in court, it is not a judge who decides on the consequences of the divorce, but you yourselves.

In several sessions, you work together to develop solutions for alimony, division of assets, and child care. The agreement is then submitted to the court.

Important: Mediation does not replace legal advice—have the agreement reviewed by a lawyer before signing.