Spousal maintenance: not automatic after divorce
Updated on October 24, 2026
Article 125 of the Civil Code grants maintenance only to the spouse who cannot meet their own proper maintenance, including old-age provision. The court considers the division of tasks during the marriage, its duration, the work situation, age and health, and the children's interest. This is not child maintenance under article 285. Maintenance may be limited in time when the person can regain economic independence.
What the code says
During life together, household maintenance follows articles 163 onwards CC. After separation and before divorce, provisional measures may set a contribution. Each phase has its own text.