Models of Regulation of Spouses’ (Ex-Spouses) Maintenance Obligations in Some of European States

A comparative analysis of the mechanisms of spousal maintenance in a number of European countries allows us to conclude that the goal of the norms on the provision of maintenance is the restoration of the financial independence of the spouse (former spouse) recipient. This is explained by the fact that marriage generates material dependence between the parties: the longer this relationship persists, the stronger, from a moral point of view, the obligation of the financially stronger party to support the weaker one upon termination of the marriage relationship. Since maintenance is designed to support a spouse (ex-spouse) experiencing financial difficulties, legally significant circumstances in their appointment are the age of the spouses, their state of health, their ability to work, the presence of children, the duration of marriage, the level of financial security of the family and the established order of distribution of responsibilities in the family. The courts determine the amount of maintenance in accordance with the principle of reasonable and necessary provision. An analysis of the rules on spousal maintenance in Germany, given as an example, demonstrates that the conditions for assigning maintenance are the recipient’s neediness and the payer’s ability to pay. Given that the main purpose of the rules on maintenance obligations is to support a spouse (ex-spouse) experiencing financial difficulties, the ultimate goal of their provision is to create conditions for the financial independence of the recipient spouse (ex-spouse).