Maintenance between spouses is a concept also recognized under Swedish law. However, the structure of this obligation varies depending on whether it pertains to maintenance during the marriage or after the spouses have divorced. Below, you will find more information about the conditions for maintenance during marriage and maintenance following a divorce.
Maintenance obligations between Spouses During Marriage
Each spouse has a responsibility to support both themselves and their partner during the course of their marriage. Maintenance can include financial contributions as well as work performed in the home. The law expects both spouses to share duties related to household finances and chores. Furthermore, spouses are required to exchange the necessary information to evaluate the family’s overall financial situation.
If one spouse is unable to fully provide for themselves, the other is required to assist in meeting their basic personal needs. Any financial or other type of support given for personal needs becomes the property of the spouse receiving it. When children are involved, both parents share the responsibility for their upkeep.
Even if the spouses are living apart—such as during a mandatory separation period before finalizing a divorce—they are still expected to support one another as outlined by these obligations.
Maintenance Obligations Between Spouses After a Divorce
Following a divorce, each spouse is typically expected to provide for their own financial needs. However, if one spouse requires financial assistance during a transitional period, they may be eligible to receive support from the other spouse. This type of maintenance allowance is intended to help the recipient acquire employment or increase their earning capacity through education or retraining. The duration of this adjustment period is determined on a case-by-case basis.
In situations where a long-term marriage has ended, and one spouse faces significant challenges in becoming self-sufficient, they may qualify for maintenance allowances for a longer duration than just the transitional period.
Spouses have the option to mutually agree on maintenance allowances and modify them as needed. If both parties consent, they can create a new agreement, even if the previous arrangement was established through a court decision.
Spousal maintenance allowances are subject to indexation, meaning they are adjusted according to changes in the cost of living. These adjustments are based on the price base amount set out in the Social Insurance Code. If the court ruling or agreement specifies alternative indexation rules, those rules will apply instead.
A spouse who pays maintenance to the other spouse can deduct the full amount from their taxable income. Meanwhile, the spouse receiving the maintenance is required to report the amount as taxable income.
