Separation of parents: who can receive maintenance?

Verified 20 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The following may receive support:

  • A separate parent to ensure child maintenance in his custody. The parent may receive a maintenance on the part of the other parent, whether the residence is fixed at home or alternating between the two parents. This pension is used to cover the child's basic needs, but also expenses related to his or her education.
  • The adult child whose parents are separated may receive maintenance directly. In this situation, the creditor of the pension remains the parent who bears the material burden of the child as the principal but the child receives the money. The pension is payable for an adult child for as long as he or she is not able to support itself (e.g. child pursuing higher education).
  • A husband in case of de facto separation, of body separation or as an interim measure in a divorce proceedings. The spouse may receive maintenance from the other spouse under the duty of care. This pension is not for children, but for the needs of the beneficiary spouse.

FYI  

Maintenance may be provided for between descendants and ascendants (in both directions). This maintenance obligation covers essential needs of the creditor (accommodation, food, clothing).

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