Spousal Maintenance in Denmark (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Spousal maintenance in Denmark is not automatic — it is set only in special circumstances:
- Agreement: Spouses can agree on maintenance as part of the divorce terms.
- Decision by Familieretshuset or the court: If you cannot agree, Familieretshuset or the court can set the maintenance — but this is rare in Denmark compared with many other countries.
- Duration: Maintenance is typically time-limited (often 1-10 years), so the receiving spouse has time to become self-supporting.
- Assessment factors: The court looks at the length of the marriage, 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 permanent cohabitation.
When does it apply?
- One spouse would face significant financial difficulty after the divorce — typically after a long marriage where one spouse prioritised the family over their career.
- You cannot agree on the maintenance terms during the divorce.
What to do if you need spousal maintenance after a divorce in Denmark
- Negotiate maintenance as part of the divorce terms — a clear agreement prevents future disputes.
- If you need maintenance, raise the issue with Familieretshuset during the divorce case.
- Document your financial situation, earning capacity and needs.
What should you NOT do?
- Don't assume you will automatically receive spousal maintenance — Danish courts are reluctant, especially after shorter marriages.
- Don't refuse to look for work if you are able to — the purpose of maintenance is to bridge a temporary period, not to provide permanent support.
- Don't forget the tax rules — maintenance is tax-deductible for the payer and taxable for the recipient.
About Family Law in Denmark
Most family-law cases in Denmark start at Familieretshuset (the Agency of Family Law), the central authority that since 2019 has handled divorce, custody, child support and paternity. You can be divorced administratively if you agree, or via the family court if you do not. Couples with children under 18 go through a 3-month reflection period. Forældreansvarsloven (the Parental Responsibility Act) treats joint custody as the default and applies the best interests of the child; children from age 10 have the right to be heard. Domestic violence is handled through restraining orders and the rules of the Criminal Code.
Common Questions
Do you automatically get spousal maintenance after a Danish divorce?
No. Spousal maintenance is not automatic in Denmark. Spouses can agree on it, or Familieretshuset or the court can set it, but this is rare compared with many other countries. The courts are reluctant, especially after shorter marriages. Don't assume you will automatically be awarded maintenance.
How long does Danish spousal maintenance run?
Maintenance is typically time-limited, often between 1 and 10 years, and is intended as a bridge until the receiving spouse becomes self-supporting. The court looks at the length of the marriage, the spouses' earning capacity, age, health and the standard of living during the marriage. Maintenance ends if the receiving spouse remarries or enters a permanent cohabitation.
What are the tax rules for Danish spousal maintenance?
Maintenance is tax-deductible for the payer and taxable for the recipient. Where possible, negotiate maintenance as part of the divorce terms — a clear written agreement prevents future disputes. If you need maintenance, raise the issue with Familieretshuset during the divorce case and document your financial situation, earning capacity and needs.
What is the spousal maintenance right in Denmark?
Spousal maintenance in Denmark is not automatic — it is set only in special circumstances:Agreement: Spouses can agree on maintenance as part of the divorce terms.Decision by Familieretshuset or the court: If you cannot agree, Familieretshuset or the court can set the maintenance — but this is rare in Denmark compared with many other countries.Duration: Maintenance is typically time-limited (often 1-10 years), so the receiving spouse has time to become self-supporting.Assessment factors: The court looks at the length of the marriage, the spouses' earning capacity, age, health and the standard...
When does it apply — spousal maintenance?
One spouse would face significant financial difficulty after the divorce — typically after a long marriage where one spouse prioritised the family over their career.You cannot agree on the maintenance terms during the divorce.
What do I do if I cannot support myself after my divorce and want to apply for spousal maintenance in Denmark?
Negotiate maintenance as part of the divorce terms — a clear agreement prevents future disputes.If you need maintenance, raise the issue with Familieretshuset during the divorce case.Document your financial situation, earning capacity and needs.
What should you NOT do — spousal maintenance?
Don't assume you will automatically receive spousal maintenance — Danish courts are reluctant, especially after shorter marriages.Don't refuse to look for work if you are able to — the purpose of maintenance is to bridge a temporary period, not to provide permanent support.Don't forget the tax rules — maintenance is tax-deductible for the payer and taxable for the recipient.