Can you claim spousal maintenance from your former spouse after divorce in Romania? How a family lawyer can help you

Spousal maintenance lawyer in Romania. What is spousal maintenance?

A marriage is dissolved through divorce. Following divorce proceedings, under certain conditions provided by law, a spouse who is in need is entitled to receive spousal maintenance. In such situations, the applicable legal framework in Romania is established by Article 389(2) of the Civil Code, which provides that a divorced spouse is entitled to maintenance if they are in need due to an incapacity for work that arose before or during the marriage.

It is also important to mention that a former spouse may receive spousal maintenance if the incapacity for work arises within one year of the dissolution of the marriage, but only if it is caused by a circumstance connected with the marriage.

In this context, Pavel, Mărgărit and Associates Romanian Law Firm can provide legal advice, review the necessary documents and offer assistance with preparing an application to the court. A divorce lawyer in Romania can assess the effects of the dissolution of the marriage and the legal circumstances of the former spouses, while a spousal maintenance lawyer can evaluate whether the legal requirements are met, the amount of spousal maintenance and the evidence needed to support the application.

Spousal maintenance lawyer in Romania. How the amount of spousal maintenance is determined

The maintenance obligation between former spouses is governed by Article 389 of the Romanian Civil Code, which provides that a divorced spouse is entitled to maintenance if they are in need due to an incapacity for work that arose before or during the marriage.

As regards the amount of spousal maintenance, this is set at up to one quarter of the net income of the person required to pay it, taking into account their means and the recipient’s level of need. This maintenance, together with any maintenance owed to children, may not exceed half of the net income of the person required to pay.

Divorce lawyer in Romania. Under what conditions can a former spouse claim maintenance after divorce?

The applicable legal framework establishes a series of conditions that the spouse concerned must meet. The right to maintenance is not automatically granted upon the dissolution of the marriage; the conditions provided by law must be met.

Accordingly, a former spouse may be entitled to maintenance in the following circumstances:

• They are in need as a result of an incapacity for work that arose before or during the marriage;
• The incapacity for work arises within one year of the divorce, provided that it is caused by a circumstance connected with the marriage;
• The person seeking spousal maintenance must demonstrate both their state of need and the circumstances justifying the award of maintenance;
• The financial means of the former spouse from whom maintenance is sought must also be taken into account.

The applicable legal framework also provides for a limitation. Article 389(2) of the Civil Code states that, if the divorce is granted on the grounds of the sole fault of one spouse, that spouse may benefit from the provisions of paragraphs (2) and (3) only for one year following the dissolution of the marriage. In addition to other cases provided by law, the maintenance obligation ends upon the remarriage of the person entitled to maintenance.

These rules apply in Romania regardless of whether the marriage was dissolved through a divorce before a civil registrar or a divorce before a notary.

Family litigation lawyer in Romania. Who can receive maintenance?

Under Article 516 of the Romanian Civil Code, a maintenance obligation exists between spouses, relatives in the direct line, siblings and other persons expressly specified by law. The provisions of paragraph (1) concerning the maintenance obligation between relatives in the direct line and between siblings also apply in cases of adoption.

Under Article 524, the right to maintenance belongs to a person who is in need and cannot support themselves through their work or assets. However, a person who has committed serious acts against the person required to provide maintenance, contrary to the law or public morals, may not claim maintenance.

“Family disputes involve not only legal issues but also sensitive personal circumstances, and maintenance between former spouses must be carefully assessed in light of the parties’ needs, capacity for work and financial means. Each case has its own particular circumstances, and a proper legal assessment is essential to protecting the rights and interests of those involved,” stated the Managing Partner of Pavel, Mărgărit and Associates Romanian Law Firm, Dr. Radu Pavel.

Family lawyer in Romania. How is entitlement to maintenance established?

Only a person who has the means to pay maintenance or the ability to obtain those means may be required to provide it. When assessing the means of the person who owes maintenance, their income and assets, as well as their ability to earn income or acquire assets, are taken into account; their other obligations will also be considered.

Family litigation lawyer in Romania. Establishing and enforcing the maintenance obligation

Under Article 530 of the Romanian Civil Code, the maintenance obligation is fulfilled in kind by providing the necessities of life and, where applicable, covering the costs of education, schooling and vocational training. Furthermore, if the maintenance obligation is not voluntarily fulfilled in kind, the guardianship court orders its fulfilment through maintenance payments set in monetary terms.

Divorce lawyer in Romania. Divorce before a notary, before a civil registrar or in court. How does it affect maintenance between former spouses?

Regardless of whether the marriage is dissolved through a divorce before a notary or a divorce before a civil registrar in Romania, the possibility of claiming maintenance is assessed separately, depending on whether the conditions provided by law are met.

Divorce lawyer in Romania. The steps required for a divorce before a civil registrar

A marriage may also be dissolved through an administrative procedure. In the case of a divorce before a civil registrar, both spouses must submit a divorce application to the civil registrar acting on behalf of the municipality that holds their marriage record.

By completing the application for a divorce before a civil registrar, both spouses declare that they agree to the dissolution of the marriage, that they have no minor children together and that they have not applied to any other authorities for the dissolution of the marriage.

Divorce may take place:

• By mutual consent, at the request of both spouses or at the request of one spouse accepted by the other;
• Where, for serious reasons, the relationship between the spouses is seriously damaged and the continuation of the marriage is no longer possible;
• At the request of one spouse, following a period of separation of at least two years;
• At the request of the spouse whose state of health makes the continuation of the marriage impossible.

After submitting the divorce application, both spouses are granted a 30-day reflection period, during which they may reconsider their decision or maintain their initial wish to divorce. At the end of this period, both spouses must appear in person before the civil registrar to communicate their decision.

If, after the reflection period has expired, the spouses maintain their decision to divorce, the civil registrar issues the divorce certificate. If disagreements arise regarding the surname to be used after the divorce, the civil registrar may direct them to the courts.

In this respect, a divorce lawyer in Romania can provide legal advice on the procedure for dissolving the marriage, draft the necessary documents and represent the client in court. They can also assist with matters concerning surnames after divorce, parental responsibility, the child’s residence, maintenance, arrangements for contact with the minor child or the division of jointly owned assets.

In conclusion, maintenance between former spouses is granted in the situations and under the conditions provided by law. To obtain this entitlement, it is essential to assess the parties’ needs, incapacity for work, income and specific circumstances. A spousal maintenance lawyer in Romania can provide legal guidance and assistance with the steps required to establish, modify or terminate the maintenance obligation.

Pavel, Mărgărit and Associates Romanian Law Firm is one of the leading law firms in Romania, providing legal services of the highest quality. Its clients include major multinational and domestic companies. The law firm’s success stories have earned it international recognition from the most prestigious international legal guides and publications. The firm ranked third in the ranking of law firms in Romania compiled by Legal 500. The firm is also internationally recognised by the IFLR 1000 Financial and Corporate guide.