Family Law
Alimony in Greece
Alimony in Greece, or “διατροφή” (diatrofi) in Greek, is a crucial aspect of family law that deals with the financial obligations that arise during and after a divorce or separation.
Greek law carefully outlines the responsibilities of both spouses to ensure that neither party, nor any children involved, are left without financial support following the dissolution of a marriage.
Alimony serves as a mechanism to mitigate the economic impact of divorce, particularly for the financially weaker spouse and any dependent children, thereby promoting fairness and stability during what is often a tumultuous time.
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Alimony in Greece, The Law
Maintenance in Greece is governed by specific provisions in the Greek Civil Code, in particular Articles 1389-1391 for spousal maintenance and Articles 1485-1500 for child maintenance.
- Article 1391 of the Greek Civil Code governs spousal maintenance and sets out the conditions under which a spouse may be entitled to financial support. The law provides that alimony may be granted if a spouse is unable to support himself or herself for reasons such as age, health or inability to find suitable employment.
- Articles 1485-1500 of the Greek Civil Code establish the obligation of parents to financially support their children. These provisions stipulate that both parents are equally responsible for covering the costs associated with raising their children, including living expenses, education, health care and any special needs.
The provisions on maintenance are designed to ensure financial fairness between the divorcing parties, particularly in situations where there is a significant disparity in income or financial resources.
The law provides that a spouse who is unable to support himself or herself adequately after the dissolution of a marriage is entitled to maintenance, provided that certain conditions are met. These conditions include factors such as the duration of the marriage, the health and age of the spouses and their ability to work and earn an income.
Child maintenance is also strictly regulated by Greek law, with both parents having a responsibility to financially support their children, regardless of their marital status.
The amount of child support is determined on the basis of the child’s needs, which include living expenses, education, healthcare and any special requirements, balanced against the financial means of both parents.
The law ensures that the best interests of the child are paramount, and the obligation to pay maintenance usually continues until the child reaches adulthood, with possible extensions if the child is still dependent, for example while in higher education.
Enforcement mechanisms are in place to ensure compliance, with courts able to impose sanctions on parents who fail to meet their maintenance obligations.
Under Greek law:
- Alimony can be granted to a spouse who is unable to support himself or herself after a divorce. The criteria include the spouse’s age, health, education and professional skills.
- Maintenance is usually awarded for a limited period, often until the spouse is able to support themselves. However, in cases where the spouse is unable to work because of age, health or other significant reasons, alimony may be awarded for a longer period or even for life.
- The amount of maintenance is determined on the basis of the needs of the spouse applying for maintenance and the financial ability of the spouse required to pay. The court takes into account the standard of living during the marriage, income, assets and other financial obligations.
- Maintenance can be modified or terminated if there is a significant change in circumstances, such as the recipient remarrying or becoming financially independent.
And about child maintenance:
- Both parents have a legal obligation to support their children, whether they are married, divorced or separated.
- Child maintenance is calculated on the basis of the child’s needs and the parents’ financial resources. The court takes into account the cost of living, education, health care and any special needs the child may have.
- Child maintenance usually continues until the child reaches the age of majority (18). However, if the child is in higher education or cannot support himself or herself due to health problems or other significant reasons, the obligation may continue for a longer period.
- Child support is enforceable by law and failure to pay can lead to legal consequences, including wage garnishment or other enforcement measures.
- In cases of joint custody, both parents may share the costs of raising the child. However, even in joint custody arrangements, one parent may still be required to pay child support, depending on the income disparity between the parents.
In many cases, spouses can agree on the terms of maintenance and child support without going to court. However, such agreements must be fair and in the best interests of the child in order to be approved by the court.
If the parties cannot reach an agreement, the court will intervene and determine the appropriate amount and duration of maintenance and child support based on legal criteria.
The process of determining maintenance involves the submission of financial statements, proof of income and other relevant documentation to the court.
Child support in Greece
Child support in Greece is governed by Articles 1485-1500 of the Greek Civil Code. These articles define the financial obligations of parents towards their minor children and specify the conditions, duration and amount of maintenance.
In particular:
- Article 1485: Parents are obliged to provide for the maintenance of their children and to ensure that the child’s basic needs, such as food, shelter, clothing, education and health, are adequately met.
- Article 1489: The obligation of parents to provide for their minor children is absolute and continues even if the parents are divorced or separated.
- Article 1493: Defines the basis for calculating maintenance, taking into account the financial situation of both parents and the needs of the child.
Under Greek law, maintenance is paid primarily to minor children under the age of 18, as well as to adult children if they are still studying or are unable to support themselves due to health problems or other serious reasons. In these cases, child support may be paid until the child completes his or her education or is able to support himself or herself.
The amount of child support is calculated based on a number of factors and is usually determined either by agreement between the parents or by a court if the parents cannot agree.
The main factors that affect the amount of child support are the needs of the child, the income of the parents, and the custody arrangement, especially if one parent has sole custody and pays for most of the child’s living expenses.
Child support payments are usually made monthly and can be sent directly to the custodial parent or to a designated bank account. If payments are late or not made at all, the custodial parent can take legal action to enforce payment.
How to claim maintenance in Greece
Claiming maintenance for yourself or your child in Greece is a legal process that usually involves filing a petition with the relevant court.
You can submit your application either digitally or in person. Make sure you provide all the required information accurately. The application should clearly state the nature of the claim and include all relevant details.
Once your application has been submitted, the court will consider the information provided.
This is a legal process where both parties can present their case.
The court will consider factors such as the applicant’s financial needs and the debtor’s financial capacity before making a decision.
The time taken by the court to make a decision on maintenance claims can vary depending on a number of factors, including the complexity of the case and the court’s timetable.
In some cases, interim measures can be applied for to secure temporary maintenance pending a final decision. This can result in a provisional court decision within a few days of the application being made.
How maintenance is calculated in Greece: a practical example
In Greece, the amount of alimony paid after a divorce depends on many factors and there is no fixed percentage or standard formula.
However, a practical example can help to illustrate how it might be calculated.
Maria and George were married for 10 years before they decided to divorce. They have one child, an 8-year-old daughter who lives mainly with Maria.
During their marriage, Maria worked part-time and earned €1,000 per month, while George, a full-time employee, earned €3,500 per month.
Maria is seeking financial support after the divorce as her income alone is not enough to support her and her child.
The estimated monthly cost for her child, including housing, food, education and medical needs, is €900. Maria’s personal living expenses are €1,800 per month.
The court must now decide how much child support and spousal maintenance, if any, George must pay to ensure that both Maria and her child can maintain a reasonable standard of living after the divorce.
In making this decision, the court will take into account:
- The financial needs of the recipient (Mary and the child): The court will consider how much Maria needs to meet basic expenses. If Mary cannot maintain a standard of living similar to that during the marriage, maintenance is likely to be awarded.
- Financial ability of the paying spouse (George): The higher George’s income, the higher his maintenance payments will be. If George has significant debts or obligations, the court may reduce the amount.
- The needs and best interests of the child: Child maintenance always takes priority over spousal maintenance. If the child’s total monthly expenses are €900, both parents contribute in proportion to their income.
- Maria’s ability to work and support herself: If Maria could find full-time work and increase her income, spousal support may be temporary. If Maria cannot work full-time because of childcare responsibilities, the court is more likely to award her longer-term maintenance.
Child maintenance is always granted and follows the principle of the proportional contribution of both parents, so Maria and George have to share the monthly child expenses of €900/month proportionally:
- Maria’s share of income: (€1,000 / €4,500 total income) ≈ 22%
- George’s share of income: (€3,500 / €4,500 total income) ≈ 78%
- George’s share of child support: 78% of €900 = €700 per month
Spousal maintenance is not automatic and depends on the financial needs and ability of the lower-earning spouse to support themselves.
If Maria cannot cover her living expenses (€1,800/month) with her own income (€1,000/month), she can apply for spousal maintenance.
The court can award an amount to help her maintain a reasonable standard of living.
If the recipient spouse is able to work, the amount of maintenance may be lower or temporary. If Maria cannot work full-time because of childcare responsibilities, she may receive an additional €500-800 per month for a limited period (e.g. 3-5 years).
So in our example, the estimated maintenance calculation would be:
- €700/month (child support, mandatory)
- €500-€800/month (spousal maintenance, depending on the case)
- €1,200-€1,500/month (total amount paid by George)
Differences between Spousal Support and Child Support in Greece and Germany
Both Greece and Germany have legal frameworks for spousal support and child support, but the rules, duration, and calculation methods differ significantly.
In Greece, spousal support is granted only when the ex-spouse is unable to support themselves for reasons such as childcare responsibilities, age or health problems. It is usually temporary, except in cases where the recipient is permanently unable to work. Courts determine the amount based on the financial needs of the lower-earning spouse and the income of the paying spouse. The recipient is expected to seek employment if able.
In Germany, spousal support is more limited in duration, typically up to three years, unless there are exceptional circumstances (e.g., disability or long-term child care). It is calculated according to a fixed formula, with the lower-earning spouse receiving approximately 43% of the difference in income after deductions. Germany strongly enforces self-sufficiency, requiring the recipient to find work as soon as possible.
Factor | Greece | Germany |
When is it granted? | Only if the spouse cannot support himself or herself after the divorce (for example, due to child care responsibilities, age, illness, or unemployment). | Not automatic. Granted in certain cases, such as long marriages, child-rearing responsibilities, or financial hardship. |
Duration | Usually temporary, unless the spouse is permanently unable to work. | Temporary (often 3 years after divorce). Longer only in exceptional cases (e.g., disability or long-term child care). |
Calculation | Based on the financial need of the lower-earning spouse and the income of the higher-earning spouse. | Formula-based: 3/7 (or ~43%) of the difference in income between ex-spouses after living expenses. |
Obligation to Work? | The recipient spouse is expected to find work unless there are valid reasons for not doing so (e.g., caring for young children). | Stricter self-sufficiency rule: The ex-spouse must seek employment as soon as possible. |
In Greece, child support is determined based on each parent’s income and the child’s needs (housing, education, health care). The noncustodial parent is required to pay a proportionate amount determined by the court. Support continues until the child turns 18, or longer if the child remains financially dependent (e.g., in college). If the paying parent defaults, there is no government-backed enforcement mechanism and the custodial parent must take legal action.
In Germany, child support is structured according to the Düsseldorfer Tabelle, which sets fixed amounts based on the net income of the paying parent and the age of the child. Payments continue until the child is 18, but can be extended to 25 if the child is in full-time education or training. If the noncustodial parent fails to pay, the German government provides advance payments to support the child.
Factor | Greece | Germany |
Who pays? | The noncustodial parent (the one who doesn’t live with the child). | The noncustodial parent pays; if the child lives with both parents equally, support may be split. |
How is it calculated? | Proportional to each parent’s income and the child’s needs. The court decides based on living expenses, education and health needs. | Uses the Düsseldorfer Tabelle, a fixed child support guideline based on the net income of the paying parent and the age of the child. |
Until what age? | Until age 18 (or longer if child is still in school and dependent). | Until age 18, but may continue until age 25 if the child is in full-time education or training. |
Government Assistance? | No standardized government financial assistance for child support enforcement. | If the paying parent defaults, the government provides advance payments (Unterhaltsvorschuss). |
Differences between Spousal Support and Child Support in Greece and other European Countries
As we have already seen, spousal support in Greece is not automatic and is only granted if the lower-earning spouse is unable to support himself or herself after the divorce. The court determines the amount on a case-by-case basis, taking into account factors such as financial need, standard of living during the marriage, and ability to work. Alimony can be long-term if the recipient is unable to work because of age, health or childcare responsibilities, but if they can find work, the support is usually temporary.
In contrast, most European countries have restrictive alimony rules:
- The United Kingdom follows a self-sufficiency rule, meaning that alimony is granted only in rare cases and usually for short periods (e.g., 1-5 years).
- France strongly discourages long-term alimony and instead encourages a one-time lump sum payment.
- Italy awards alimony only if the spouse cannot maintain the same standard of living after the divorce. Payments are often temporary, except in the case of long marriages. In 2017, the Italian Supreme Court ruled that alimony should only cover basic needs, not maintain a “lifestyle.”
- Spain has a strong principle of self-sufficiency: alimony is rare and temporary, usually lasting only a few years, unless the recipient is unable to work (e.g. due to disability). The duration depends on age, labor market conditions, and child-rearing responsibilities.
In addition, many European countries use specific calculation formulas, while Greek courts have more discretion in determining amounts.
Modification rules also vary: in France, Italy, Spain and the United Kingdom, alimony stops if the recipient remarries, and ends if the recipient remarries or cohabits, while in Greece and Germany, courts can decide to continue payments in certain situations.
When it comes to child support, most European countries have structured child support systems with stronger enforcement mechanisms compared to Greece:
- France follows a set formula based on the number of children and the income of the paying parent. The French court also takes into account custody arrangements (e.g. if custody is shared, payments may be lower). Child support usually lasts until the child turns 18, but payments may continue if the child is still financially dependent (e.g. at university). If the paying parent does not pay, the French authorities can deduct payments directly from their wages or seize assets.
- Italy takes into account the child’s standard of living during the marriage and expects both parents to contribute proportionally. Payments can continue well into adulthood if the child remains financially dependent (in some cases, into the late 20s or early 30s). Courts can garnish wages or seize assets to ensure compliance.
- Spain uses a fixed percentage system where the amount is based on the parents’ income and the number of children. Payments generally continue until the child turns 18, but can be extended if the child continues higher education. Spain has strict enforcement laws and non-payment can result in legal penalties or wage garnishment.
- The United Kingdom has a state-run system called the Child Maintenance Service (CMS), which calculates payments using a percentage-based formula based on the gross income of the paying parent. Maintenance usually continues until the child reaches the age of 16 (or 20 if in full-time education). If payments stop, the UK government automatically enforces collection by deducting money directly from wages or bank accounts.
Alimony Lawyer in Greece: How We Can Help
As solicitors with experience in Greek family law, we can provide legal advice and strategy, representation in negotiations and in court, and ensure compliance and enforcement.
A family lawyer in Greece can help you understand the specific provisions of the Greek Civil Code relating to alimony, including spousal support and child support, and explain how these laws apply to your particular situation, whether you are seeking alimony or contesting a claim.
Based on your circumstances, we will develop a legal strategy to achieve the best possible outcome. This may involve negotiating a fair settlement out of court or preparing a strong case to present at court. Our firm will consider factors such as the length of the marriage, the financial resources of both parties and the standard of living during the marriage to argue for an appropriate level of support.
As skilled negotiation can often lead to a quicker, less adversarial resolution, saving time and reducing stress, the first step is usually to represent you in negotiations with your spouse or their legal advisors with the goal of reaching an amicable settlement that meets your needs or minimizes your obligations.
If an agreement cannot be reached, your attorney can represent you in court. We will prepare and present the necessary evidence, such as financial records and witness statements, to support your claim or defense.
Our solicitor can help you draft a legally binding maintenance agreement that clearly sets out the terms of payment and any conditions attached, or review any proposed agreements to ensure that your rights are protected and that the terms are fair and enforceable.
If the other party fails to comply with the maintenance agreement or court order, our expert divorce lawyer in Greece can assist in enforcing payment through legal means. This may involve taking further legal action, such as applying for wage garnishment or contempt of court, to ensure that you receive the maintenance you are entitled to.
* The information on this site is provided for the sole purpose of illustrating the subject matter. It in no way constitutes legal advice nor a substitute for individual legal advice provided by counsel. Each case is unique, presents unique circumstances, and should be evaluated in detail by an attorney who will verify its specific circumstances.
Contact Leptokaridou Law Firm
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Contact us today to take the first step toward a fair and just resolution.
Contact us for professional legal advice on alimony in Greece.
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+30 2310 284408
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+49 30 88702382
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