Spousal Maintenance (Ægtefællebidrag)
Written in plain language for general understanding. This is educational content, not legal advice. Based on Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance.
Danish National Law
What is this right?
Spousal maintenance in Denmark is not automatic — it is awarded only in specific circumstances:
- Agreement: Spouses can agree on maintenance as part of their divorce settlement.
- Court/Familieretshuset order: If no agreement, Familieretshuset or the court may order maintenance — but this is uncommon in Denmark compared to many countries.
- Duration: Maintenance is typically time-limited (often 1–10 years) to allow the receiving spouse to become self-supporting.
- Factors: The court considers the marriage's duration, the spouses' earning capacity, age, health, and the standard of living during the marriage.
- Termination: Maintenance ends if the receiving spouse remarries or enters a cohabiting relationship.
When does it apply?
- One spouse would face significant financial hardship after divorce — typically after a long marriage where one spouse sacrificed career for family.
- You cannot agree on maintenance terms during the divorce.
What should you do?
- Negotiate maintenance as part of the divorce settlement — a clear agreement prevents future disputes.
- If you need maintenance, raise it with Familieretshuset during the divorce process.
- Provide evidence of your financial situation, earning capacity, and needs.
What should you NOT do?
- Don't assume you will automatically receive maintenance — Danish courts are reluctant to award it, especially after shorter marriages.
- Don't refuse to seek employment if you are capable — the purpose of maintenance is to bridge a temporary gap, not provide permanent support.
- Don't forget the tax implications — maintenance paid is deductible for the payer and taxable for the recipient.
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