20-02-2024

Spousal support – What are the rules?

During separation or divorce, there can be many things that spouses disagree on. Some of these disagreements may never be resolved, while others are necessary for the separation or divorce to be granted by Familieretshuset or the Family Court. According to the Marriage Act, spouses must agree to seek separation or divorce, as well as agree on terms regarding any potential joint lease and spousal support. In this article, we provide an overview of the conditions that must be met for a spouse to be awarded spousal support, as well as insight into how the amount and duration of this alimony supportare determined.

Conditions for obtaining spousal support

Decisions regarding spousal support obligations are made based on the conditions mentioned in section 50, paragraph 2 of the Marriage Act:

                         Need: Does the spouse seeking spousal support have the financial means to maintain a sufficient standard of living after the marriage ends?

                        Ability: Can the giving spouse afford to pay spousal support, considering their financial circumstances and other factors?

                        Duration: Was the marriage of short or long duration?

                        Education: Does the spouse seeking spousal support have the financial means to pursue education after the marriage, and do they need spousal support for                                      this purpose?

The duration of the marriage is particularly significant when making the assesment of whether one may be entitled spousal support. In practice, spousal support is generally not awarded if the marriage lasted less than 3 years. However, factors such as previous cohabitation, periods of separation, etc., may also play a role in this assessment.

Most decisions are very specific to the concrete circumstances, so it should be expected that many factors may influence the decision. One of these, not found in the law, is the so-called cohabitation damage viewpoint. For example, if one spouse had to give up their career due to household responsibilities, it may influence whether they are awarded spousal support.

Amount of spousal support

The amount of spousal support can be agreed upon between the spouses. If it is not possible to find an amicable solution, Familieretshuset will make a decision instead. Spousal support is typically set at one-fifth of the difference between the spouses' incomes. However, this amount generally cannot exceed one-third of the giving spouse's income.

Additionally, it should be noted that spousal support will not be awarded if the giving spouse's income is too low. In 2024, the income threshold for the giving spouse was approximately DKK 320,000. If the giving spouse's income falls between DKK 330,000 and DKK 370,000, the above one-fifth rule will likely be deviated from, as the spousal support will be set at a lower amount.[1]

Conversely, the recipient's income should not be too high either—if it falls between DKK 330.000 and DKK 370.000, Familieretshuset will likely not award alimony. Furthermore, the spousal support should not result in the recipient's income exceeding DKK 370,000. However, this may be deviated from if the giving spouse has a very high income. A very high income for the giving spouse is considered to be an annual income of more than DKK 1.5 million. In this case, the alimony can be set so that the recipient's annual income is DKK 370,000-390,000.[2]

Finally, it should be noted that if the recipient has very low or no income, the sspousal support will be based on a fictional income, as the alimony obligation should not be too burdensome for the giving spouse. The fictional income was set at DKK 140,000 annually in 2024 if the recipient's actual income is below this amount.[1]

Duration of spousal support

If the spouses cannot agree on the duration of spousal support, the Family Court will decide how long spousal alimony should be paid. According to section 50, paragraph 1 of the Marriage Act, awarded alimony is limited to a maximum of 10 years unless special circumstances exist.

The length of the spousal support period is determined very specifically, but there are several factors that can provide an indication of how spousal support is practically determined. As mentioned earlier, the marriage must have lasted for about 3 years before spousal support can even be considered.

Marriages lasting 4-9 years may result in sspousal support being awarded for 1, 2, or 3 years, provided that the other criteria are also met, and if there are special circumstances. This typically occurs when the recipient needs to establish a new life, for example, if they are a foreign national.

In practice, 3-5 years of spousal support is awarded if the marriage lasted 10-15 years, including periods of prior cohabitation. If 5-8 years of spousal support are awarded, it is typically due to the recipient's limited attachment to the labour market. Spousal support for 10 years typically requires a marriage lasting 20-25 years.

Spousal support without a time limit will, in addition to a minimum of 20-25 years of marriage, require the recipient's limited attachment to the labour market, for example, because they have been primarily responsible for household duties by mutual agreement.

Changes to spousal support

An agreement on sspousal support can be changed under the provisions of sections 52 and 58 of the Marriage Act. Spousal alimony can be modified due to unfairness, both if there has been a change in the parties' financial circumstances since the agreement was made, and if it later becomes clear that the agreement was originally unfair. If the spousal support obligation was determined by judgment, it can only be changed by a new judgment, provided that the circumstances have significantly changed and there are other special reasons.

In the event of a change under section 58, the assessment is made based on the overall circumstances of the separation/divorce. This means that other financial factors, such as property division, must also be taken into account.

The spousal support obligation ceases if the recipient enters into a new marriage or if the giving spouse passes away, according to section 51 of the Marriage Act. If the recipient enters into a new cohabitation with a third party, the giving spouse can apply for a reduction in the amount of spousal support or for the obligation to be terminated.

Date: 20.02.2024

Authors: Anna Lundvig & Christian Nordahl Örtegren

[1] SKR nr 10046 af 13/12/2023, Afsnit 3. Ægtefællebidrag, 3.3. Lav indkomst hos bidragsmodtageren

[1] SKR nr 10046 af 13/12/2023, Afsnit 3. Ægtefællebidrag, 3.1. Lav indkomst hos bidragsbetaleren.

[2] SKR nr 10046 af 13/12/2023, Afsnit 3. Ægtefællebidrag, 3.2. Betydningen af bidragsbetalerens indkomst