07-07-2026

JUDGEMENT: NO BASIS FOR SPOUSAL MAINTENANCE AFTER A 13-YEAR MARRIAGE

Bremer Law Firm represented a man in a case concerning spousal maintenance, in which the the Agency of Family Law concluded that no spousal maintenance should be awarded.

The case concerned whether the client should be required to pay spousal maintenance to his former spouse following the parties' divorce after a 13-year marriage. The couple had two children and had relocated to Denmark approximately four years earlier.

During the marriage, the wife had been studying while working part-time, and throughout the marriage her income had been significantly lower than that of the husband.

In connection with the divorce, she therefore claimed that she was entitled to receive spousal maintenance.

On behalf of the husband, it was argued, among other things, that the legal requirements for awarding spousal maintenance had not been met. It was submitted that there was no marriage-related financial disadvantage ("samlivsskade"), while the wife had maintained her attachment to the labour market. It was further emphasised that her decision to work part-time was her own and was not based on a joint decision made by the spouses during the marriage.

The Agency of Family Law ruled in the husband's favour and decided that no spousal maintenance should be awarded. The fact that there was a significant difference between the parties' incomes was not, in itself, sufficient to require the husband to pay spousal maintenance.

The decision illustrates that the award of spousal maintenance depends on a case-by-case assessment of the parties' individual circumstances and is not an automatic consequence of a long-term marriage. Relevant factors include the parties' financial circumstances, their attachment to the labour market, and whether one spouse has suffered a marriage-related financial disadvantage as a result of the marriage.

If you have any questions regarding spousal maintenance, divorce, or other family law matters, please feel free to contact Attorney Anna Lundvig, who represented the husband in this case, by telephone on +45 28 68 21 67 or by email at al@bremeradvokater.dk.