€Maintenance law in Austria
Maintenance & Support in Austria — Child Support, Spousal Maintenance & Post-Marital Support
Maintenance at a glance
Quick Overview: What “Maintenance” Means in Austria
If you are looking for information on maintenance in Austria, you are most likely dealing with one of two very different categories: child support (Kindesunterhalt, colloquially Alimente) or spousal maintenance (Ehegattenunterhalt). Austrian law treats these as separate obligations with distinct statutory bases, calculation methods, procedural rules and enforcement mechanisms. A third category — post-marital maintenance after divorce — adds another layer that surprises many clients who assumed maintenance simply ends the moment a marriage ends.
This page gives you a structured overview of all three categories and routes you to the detailed guides where you will find calculations, procedures and common scenarios. It is prepared by Dr. Theresa Kamp, attorney-at-law admitted in Austria (Vienna Bar) since 2022 — recognised in Der Standard 2025 and listed by the U.S. Embassy Vienna for English-speaking clients. We advise in English and German. The amounts and outcomes described here always depend on individual circumstances; there is no one-size-fits-all figure in Austrian maintenance law.
Terminology for US clients
Important: “Alimony” Is a False Friend — A Glossary for US Clients
Before reading anything else, please read this section. The terminology confusion between US and Austrian usage costs clients real money, because they arrive expecting one thing and encounter something entirely different.
In everyday US usage, the word alimony refers to spousal support — payments from one ex-spouse to the other after divorce. In Austria, however, the colloquial word Alimente is used almost exclusively for child support. When an Austrian lawyer, court clerk or website talks about “Alimente,” they mean payments for children, not between former spouses.
This distinction matters enormously for how you research your rights, what you discuss in negotiations and what a court will order.
Practical rule of thumb: In Austria, “Alimente” = child support. “Ehegattenunterhalt” or “nachehelicher Unterhalt” = spousal support. If you search Austrian legal sources and find the word “Alimente,” it is talking about your children’s claims, not your own.
Unsure which type of maintenance applies to you?
We assess your situation, the applicable statutory basis and a realistic range before any figures are agreed.
Child support
Child Support in Austria (Kindesunterhalt / Alimente) — §§ 231–233 ABGB
Legal Basis
Under § 231 Abs. 1 ABGB, parents are obliged to contribute to covering the needs of their children that are appropriate to the parents’ living conditions, taking into account the child’s aptitudes, abilities, inclinations and developmental prospects — each parent contributing proportionally according to their means. The parent who runs the household and provides day-to-day care for the child fulfils their contribution through that care (§ 231 Abs. 2 ABGB). The other parent therefore typically pays cash child support.
The OGH Percentage Method (Prozentmethode)
Austrian courts calculate child support using the percentage model developed in long-standing OGH (Supreme Court) case law. This is not a statutory table but an established judicial standard applied consistently across Austria. The paying parent’s monthly net income is the calculation base; from that base, the following percentages apply depending on the child’s age:
- 0 to under 6 years
- 16 % of net income
- 6 to under 10 years
- 18 % of net income
- 10 to under 15 years
- 20 % of net income
- 15 years and over
- 22 % of net income
These percentages reflect the child’s growing needs as they age — clothing, school materials, extracurricular activities, social participation and eventually costs associated with education and vocational training all increase over time.
Deductions for multiple children: If the paying parent has more than one maintenance obligation (whether from the same or different relationships), the percentage is reduced — as a rule of thumb, by roughly 1–2 percentage points per additional child, depending on the ages and specific circumstances involved. The OGH applies an overall cap to ensure the obligated parent retains a minimum living amount (Existenzminimum).
What Counts as Income?
The calculation base is the paying parent’s monthly net income averaged over 12 months. Courts include not just the base salary but also:
- the 13th and 14th monthly salary (holiday pay and Christmas bonus), proportionally
- regular bonuses and overtime
- rental income and investment returns
- in-kind benefits provided by the employer (company car, housing)
- fictitious income where the parent is voluntarily underemployed or unemployed without good reason
For self-employed parents, courts typically average the net profit over the last two to three tax years.
Standard Needs Rates (Regelbedarfssätze)
In addition to the percentage calculation, Austrian courts reference the Regelbedarfssätze — age-grouped benchmark amounts published annually by the Austrian Federal Ministry of Justice (Bundesministerium für Justiz, justiz.gv.at). These rates represent the minimum realistic needs of a child in Austria. They serve two functions: (1) they establish a benchmark, and (2) they set the ceiling for the Unterhaltsvorschuss state advance (see below). The current standard needs rates (Regelbedarfssätze), effective 1 January 2026, are: €360 (0–3 and 3–6 years), €460 (6–10 years), €560 (10–15 years), €700 (15–20 years) and €800 (20 years and older). Because they are adjusted annually (set by the Vienna Regional Court for Civil Matters), the figures for the relevant year should always be confirmed.
The Luxury Ceiling (Playboy-Grenze)
Austrian courts apply an informal upper limit, sometimes called the “Playboy-Grenze” or luxury limit, in OGH case law. Once the percentage-based calculation produces an amount that significantly exceeds the standard needs (roughly 2 to 2.5 times the relevant Regelbedarfssatz), that is usually the limit.
Support for Adult Children (Selbsterhaltungsfähigkeit)
The obligation to pay child support does not automatically end at age 18. Under the principle of self-support capacity (Selbsterhaltungsfähigkeit) in § 231 ABGB, maintenance continues as long as the child cannot reasonably support themselves. For a child in goal-oriented full-time education, courts regularly extend the obligation until the child becomes self-sufficient. The decisive test is whether the studies are pursued diligently and with realistic prospects of completion. A child who repeatedly fails examinations, changes subject areas without a coherent plan or takes far longer than the standard duration might face a termination of the claim.
Modification and Arrears
A maintenance order can be increased or decreased if circumstances change materially — either the paying parent’s income changes significantly, the child’s needs change, or the custody and care arrangement shifts. A rule of thumb frequently applied in practice is that a change of more than roughly 10 % in the decisive factors justifies a new application. Arrears claims are subject to limitation periods; prompt legal action protects your position.
How to Calculate — Use the Calculator
For a quick orientation, we offer an interactive child support calculator on this site. Please use it as a starting point, not a substitute for legal advice — the calculator cannot account for multi-child deductions, in-kind benefits, exceptional needs or cross-border income.
For the full detailed guide on child support in Austria, go to child support overview.
State advance
State Child Support Advance — Unterhaltsvorschuss (UVG)
Austria has a state system to cushion the situation when a maintenance-obligated parent refuses or is unable to pay. The Unterhaltsvorschuss (UVG — Unterhaltsvorschussgesetz) is a state advance payment made to the child’s custodial parent by the court.
How It Works
If a maintenance order (court order or judicially approved agreement) exists and the obligated parent is not paying, the custodial parent can apply to the district court (Bezirksgericht) for a Unterhaltsvorschuss. The state pays the advance directly to the custodial parent — up to the amount of the court-ordered maintenance, subject to the ceiling of the applicable Regelbedarfssatz. The state then pursues the non-paying parent to recover the amounts advanced.
Key Conditions
- A valid, enforceable maintenance title (court order or approved settlement) must exist.
- Enforcement proceedings (Exekution) must typically have been initiated, or the obligated parent must be demonstrably unable to pay (e.g. whereabouts unknown, no attachable assets).
- The child must habitually reside in Austria.
- The child must be under 18 (with limited extensions for educational situations).
Is the maintenance you pay or receive correct?
We review the calculation base, the applicable percentages and whether a modification is realistic in your case.
During the marriage
Spousal Maintenance During the Marriage — § 94 ABGB
No Divorce Required
A point that regularly surprises clients: in Austria, you do not need to be separated or divorced to have a right to financial support from your spouse. Under § 94 Abs. 1 ABGB, both spouses have a duty to contribute to covering each other’s needs appropriate to their living conditions (angemessene Lebensverhältnisse), according to their respective means and consistent with the way they have organised their life together.
The statute is deliberately framed around the actual model of the marriage, not a one-size-fits-all rule. A spouse who runs the household and provides primary childcare provides their contribution in that way (§ 94 Abs. 2 ABGB) and in return has a financial maintenance claim against the earning spouse.
Cash Payment on Demand
Even when the family lives together, the entitled spouse can demand that maintenance be paid in cash rather than provided in kind (e.g. food, clothing, housing), provided this is not inequitable given the overall financial situation (§ 94 Abs. 3 ABGB). Crucially: a spouse cannot waive the right to spousal maintenance in advance — any advance waiver is void (§ 94 Abs. 3 ABGB, second sentence).
For the full guide to spousal support in Austria, including enforcement during marriage, visit spousal support in Austria.
After separation
Maintenance After Separation (Before Divorce)
The In-Between Phase
When spouses separate physically but the marriage has not yet been dissolved by court decree, both parties remain legally married. This means § 94 ABGB continues to apply — the separation does not extinguish the maintenance claim. However, the practical realities change dramatically.
The shared household dissolves. Shared costs fall away. Childcare arrangements shift. One partner may no longer have access to joint bank accounts or credit cards. In practice, in-kind contributions (housing, shared groceries) are replaced — usually contested — by a cash payment obligation.
Key Points in the Separation Phase
Continuation of the claim: The § 94 Abs. 2 ABGB maintenance claim explicitly continues after the common household is dissolved in favour of the spouse who was previously entitled to support — unless asserting the claim would constitute an abuse of right, particularly because of the reasons that led to the separation. This “abuse of right” limitation is narrowly construed by courts; the mere fact of separation does not extinguish the claim.
Documentation: In the separation phase, documenting the prior standard of living becomes critical. Income of both spouses, bank statements, joint expense records, housing costs and correspondence about shared finances will form the evidential foundation of any maintenance application.
Interim arrangements: Courts can grant interim maintenance orders (einstweilige Verfügungen) quickly in urgent situations. If you are facing an abrupt withdrawal of financial support on separation, an interim order can provide immediate protection while the full case is prepared.
After divorce
Post-Marital Maintenance After Divorce — §§ 66–80 EheG
The Key Role of Fault (Verschulden)
Post-marital maintenance in Austria is heavily influenced by the divorce grounds and, in contested divorces, by which spouse bears fault (Verschulden) for the breakdown of the marriage.
§ 66 EheG provides the core rule: the spouse found to be solely or predominantly at fault for the divorce is obliged to provide the other spouse with maintenance appropriate to the parties’ living conditions — but only if the person who is at fault has a significantly higher income.
This creates two threshold questions in every contested divorce:
- Who is at fault — solely, predominantly, or is fault shared?
- Can the recipient spouse reasonably be expected to be self-supporting?
What “Appropriate to Living Conditions” Means After Divorce
Unlike § 94 ABGB during the marriage, which locks in the actual married standard of living, post-marital maintenance under §§ 66–80 EheG is not automatically owed at the marital standard indefinitely. “Appropriate spousal support” after a divorce is mainly owed where the higher-earning spouse is predominantly or solely at fault.
Maintenance Waivers in Consensual Divorce
In a consensual divorce, both spouses can agree to waive all post-marital maintenance claims. This waiver must be included in the divorce agreement submitted to the court. Once the consensual divorce is pronounced, the waiver is binding and cannot generally be challenged later simply because one party’s financial situation deteriorates. This is a point where careful drafting matters enormously — a badly worded or insufficiently considered waiver can leave a financially weaker spouse unprotected for decades.
For a practical guide on when post-marital maintenance applies and how to negotiate it, read When do you actually get maintenance from your ex-spouse? and the full spousal support guide.
Cross-border cases
Cross-Border Maintenance
Where a maintenance matter crosses borders — for example, one parent/spouse lives abroad — we coordinate the Austrian proceedings with local counsel in the other country so that jurisdiction, calculation and enforcement stay aligned. For international and English-speaking families in Vienna, we advise in English throughout.
Working with us
Why work with us on a maintenance matter
A personal, direct approach — you work directly with us, not an associate you never meet.
Bilingual advice — consultations, documents and correspondence in English and German; no lost nuance.
Recognised expertise — Dr. Theresa Kamp is recognised in Der Standard 2025 and listed by the U.S. Embassy Vienna.
Transparent approach — we give you a realistic picture of your position and costs upfront, without unnecessary proceedings.
Confidential from the first message — attorney-client privilege applies from your very first enquiry.
Legal review
When Should You Speak to a Lawyer?
Certain situations make professional legal review especially important:
Income from abroad or variable compensation — bonuses, stock options, RSU grants and foreign-currency income all require careful treatment in the calculation and are contested more frequently
Self-employment — where income is more opaque and needs to be reconstructed from tax returns, often over multiple years
Changing custody and care arrangements — a shift in the care model (e.g. from sole custody to alternating care) directly affects the child support amount and must typically be formalised
Arrears and enforcement — if the obligated parent is not paying, enforcement options include wage garnishment (Lohnpfändung), bank account attachment and, for persistent non-payers, the Unterhaltsvorschuss state advance
Cross-border situations — where parties live in different countries, both jurisdictional questions and practical enforcement require careful handling
Private agreement vs. court order — both are valid, but a court order is directly enforceable without a further lawsuit; whether to formalise an agreement in court depends heavily on the trust between the parties and the enforcement risk
Every maintenance case turns on individual facts.
Your next step: Arrange a confidential initial consultation. We will clarify your situation, your goals and the sensible next steps — no commitment required.
office@ehescheidungsanwalt-wien.at or use the contact form.
About the author
About the Author & Legal Basis
This overview was prepared by Dr. Theresa Kamp, attorney-at-law admitted in Austria (Vienna Bar), with a practice focused on family law and maintenance disputes.
Key legal provisions:
- § 94 ABGB (spousal maintenance during marriage)
- §§ 231–233 ABGB (child support — legal basis)
- § 231 Abs. 3 ABGB (continuation of child support until self-support / Selbsterhaltungsfähigkeit)
- §§ 66–80 EheG (post-marital maintenance after divorce)
- Unterhaltsvorschussgesetz — UVG (state child support advance)
- OGH case law on the percentage model (Prozentmethode) for child support
- EU Regulation (EC) No. 4/2009 (cross-border maintenance — EU)
- 2007 Hague Maintenance Convention (cross-border maintenance — USA and non-EU states)
This page provides general legal information. It does not replace individual legal advice tailored to your specific situation.
Questions and answers
Frequently Asked Questions
What is the difference between “alimony” and “Alimente” in Austria?
In everyday US usage, alimony means spousal support — payments from one ex-spouse to the other. In Austria, “Alimente” is the everyday word for child support — maintenance paid for children, not between spouses. If you encounter the word “Alimente” in an Austrian legal document or website, it refers to child support. Spousal support in Austria is called “Ehegattenunterhalt” (during marriage) or “nachehelicher Unterhalt” (after divorce).
How is child support calculated in Austria?
Austrian courts apply the OGH percentage model: a set percentage of the paying parent’s monthly net income, scaled by the child’s age — 16 % for children under 6, 18 % from age 6 to 10, 20 % from 10 to 15, and 22 % from 15 onwards. Courts also reference the annual Regelbedarfssätze (standard needs rates) published by the Federal Ministry of Justice. Use the child support calculator for a first orientation.
Does Austria have a “no-fault” divorce with no maintenance consequences?
Austria has both consensual divorce (§ 55a EheG, often called “divorce by agreement”) and fault-based contested divorce. In a consensual divorce, spouses can waive all maintenance claims — but they must do so explicitly and the waiver is binding. Spouses can also agree on spousal support in a consensual divorce.
Can I claim spousal maintenance without divorcing?
Yes. Under § 94 ABGB, both spouses owe each other maintenance throughout the marriage — including during separation, as long as the marriage is legally in force. The separation alone does not terminate the claim; it typically just shifts from in-kind support to a cash payment obligation.
What happens to child support if custody or care arrangements change?
A material change in the care arrangement can justify a modification of the child support order. The percentage model presupposes that one parent provides the day-to-day care and the other pays cash support. If the care model shifts towards more equal time-sharing (alternating care, Doppelresidenz), the calculation changes and in some constellations the cash support obligation may be reduced or even offset. This requires a formal modification application to the court.
What is the Unterhaltsvorschuss and who can apply?
The Unterhaltsvorschuss (UVG) is an Austrian state advance payment made to the custodial parent when the maintenance-obligated parent is not paying. The application is made to the district court (Bezirksgericht). The state advances the maintenance amount (up to the relevant Regelbedarfssatz ceiling) and then pursues the non-paying parent for recovery. This safety net is particularly important where enforcement against the other parent is difficult or slow.
Is there a separation requirement before divorce in Austria?
Austria has no mandatory separation period as a prerequisite for divorce in all cases. For a consensual divorce (§ 55a EheG), the spouses must confirm that the marriage has been irretrievably broken down for at least six months; living apart is not a requirement.
How long does post-marital maintenance last?
There is no fixed maximum duration under Austrian law. It depends on whether post-marital maintenance is owed based on an agreement or on a court decision. Where it rests on one party being solely or predominantly at fault, the maintenance is generally open-ended; where the obligation is not fault-based, courts assess each case individually.
What income is included in the child support calculation?
Virtually all income: base salary, 13th and 14th monthly salary, regular bonuses, overtime, rental income, investment returns and employer in-kind benefits. For self-employed parents, net profit averaged over multiple years is used. Courts also consider fictitious income — the income a parent could earn if they worked to their capacity — to prevent deliberate underemployment as a maintenance-avoidance strategy.
Can I enforce an Austrian maintenance order in the United States?
Yes. The 2007 Hague Maintenance Convention, to which both Austria and the United States are parties, provides the framework for cross-border recognition and enforcement of maintenance decisions. The Austrian Central Authority (the Federal Ministry of Justice) can transmit an Austrian decision through the Convention’s channels for recognition and enforcement abroad. The process involves administrative steps and takes time, but it is a real and functioning route, not a theoretical one.
What is the “luxury ceiling” (Playboy-Grenze) in child support?
OGH case law establishes an upper limit on child support based on the paying parent’s income. Once the percentage-calculated amount significantly exceeds the child’s standard needs (roughly 2 to 2.5 times the relevant Regelbedarfssatz), the child must demonstrate actual elevated needs — e.g. boarding school, therapies, high-level sports training — to receive amounts above that ceiling. The ceiling prevents the child support claim from becoming a de facto income-redistribution tool rather than a needs-based mechanism.
Legal basis
Legal Basis & Update Note
Legal status as of: 07/2026
- § 94 ABGB — spousal maintenance during marriage
- §§ 231–233 ABGB — child support (legal basis, custodial contribution)
- § 231 Abs. 3 ABGB — continuation of child support until self-support (Selbsterhaltungsfähigkeit)
- §§ 66–80 EheG — post-marital maintenance after divorce
- § 55a EheG — consensual divorce
- Unterhaltsvorschussgesetz (UVG) — state child support advance
- OGH percentage model (Prozentmethode) — established case law for child support calculation
- Regulation (EC) No. 4/2009 — EU cross-border maintenance
- 2007 Hague Maintenance Convention — cross-border maintenance with non-EU states incl. USA