Filing for divorce is a decisive step, but it usually takes some time before the divorce becomes final. During this phase of separation, many couples in Austria are faced with a key question: Who will cover the ongoing costs of rent, loans, and the shared household? The answer is not always easy, because legally, the marriage continues to exist until the divorce is final.
Filing for divorce does not legally end the marriage. Marital obligations—in particular the mutual obligation to provide support—remain in place. This obligation is based on the spouses' living conditions and generally applies until the divorce becomes final. The period between the filing of the petition and the divorce decree is therefore a transitional phase in which financial matters should be clearly regulated in order to avoid later conflicts.
The division of costs during separation depends on the income and financial circumstances of both partners. As a general rule, the spouse who is better off must provide the other with reasonable maintenance. This can take the form of cash payments or maintenance in kind, such as paying rent, operating costs, or other joint expenses.
Maintenance also includes covering housing needs. If one spouse continues to live in the shared marital home, this can be considered maintenance in kind. If the spouse who is obliged to pay maintenance pays the running costs for the home—such as rent or mortgage payments—they are fulfilling part of their maintenance obligation. Operating costs such as electricity, gas, or heating generally benefit all residents and are often divided proportionally in practice. Loan installments for a jointly owned home are assessed differently, as the paying spouse is also securing their own assets. An individual legal assessment is advisable in this case.
In the case of jointly taken out loans, both spouses are generally jointly and severally liable to the bank. However, a different agreement can be made internally. If one spouse continues to pay the loan installments alone, this can be considered part of their maintenance payments. New loan obligations resulting from the separation, such as for a replacement apartment, can reduce financial capacity and thus influence the amount of maintenance to be paid.
To avoid disputes, it is advisable to reach a mutual agreement on who will bear the costs during the divorce. Such an arrangement provides clarity, avoids misunderstandings, and ensures financial security for both parties. A comprehensive agreement on alimony, division of assets, and housing is a prerequisite for an amicable divorce. If no agreement can be reached, the court can make provisional arrangements, for example, regarding alimony payments or the use of the shared home.
The period between filing for divorce and the divorce becoming final is particularly sensitive financially. Legal maintenance obligations continue to apply, and the actual costs of divorce in Vienna include not only lawyer and court fees, but often also ongoing payments for housing and living expenses. A timely and clear settlement protects both parties from financial disadvantages and subsequent disputes. As a divorce lawyer in Vienna, I will support you in protecting your legal and financial interests during the separation phase and in developing fair solutions. Contact us for an initial consultation—we will provide you with comprehensive advice on maintenance, ongoing costs, and all questions relating to your divorce in Austria.
