Matrimonial Property and Obligations in Austria: What You Need to Know in 2026

Marriage in Austria means more than beginning a shared life. It also creates legal rights and obligations that do not exist in the same way in an unmarried partnership. This overview explains the rules concerning property, maintenance, the shared home and marriage contracts. It summarises the rules in force on 1 January 2026.

What obligations arise from marriage?

Marriage creates, among others, the following obligations:

• a comprehensive marital partnership, particularly a shared home,
• fidelity,
• fair and respectful treatment of each other (“anständige Begegnung”),
• mutual assistance.

These obligations can be asserted before a court, for example through a claim seeking restoration of the marital partnership. However, they cannot be enforced by execution (Exekution). A breach may nevertheless be relevant in a fault-based divorce (streitige Scheidung), where the court examines responsibility.

Spouses must also support each other in exercising custody (Obsorge) over a stepchild. If circumstances require it, a stepparent may represent the parent in day-to-day matters.

What happens if one spouse leaves the shared home?

As a general rule, spouses must live together. If one spouse leaves against the other’s wishes, this may be held against them in a fault-based divorce.

An exception applies when living together cannot reasonably be expected, particularly because of physical threats. An important personal reason may also justify leaving temporarily, such as caring for a relative who lives farther away.

To avoid disadvantages later, an application for a declaratory decision can be submitted to the court. The court decides in non-contentious proceedings (Außerstreitverfahren) whether leaving the home was lawful. If such a decision exists, the departure cannot later be treated as fault in a fault-based divorce.

Who can receive maintenance during marriage?

Maintenance (Unterhalt) is a central issue in marriage:

• One spouse runs the household alone: that spouse is entitled to maintenance and, upon request, may receive it partly or entirely in money, except where little money is available.
• Health reasons prevent a spouse from working or running the household: that spouse is entitled to maintenance.
• The shared household ends: the maintenance claim generally remains.
• After divorce: a claim may exist depending on how the divorce took place, whether by mutual agreement or on the basis of fault.

Where children are involved, it is also useful to understand family benefits such as Familienbeihilfe and Kinderbetreuungsgeld.

How are household work, childcare and employment divided?

Household work, childcare and paid employment should be divided by mutual agreement and in a balanced way, taking account of the workload at work and the children’s interests. As a general rule, both spouses must participate in running the household. If only one spouse works, the other may run the household alone.

If one spouse wants an important change, such as taking up employment, the marital partnership must be reconsidered jointly.

As a general rule, a spouse must assist the other spouse in their income-generating activity if this can reasonably be expected, is customary in their circumstances and the spouses have not agreed otherwise. Appropriate compensation is payable, with the amount depending on the type and duration of the work.

How does separation of property work?

Austria’s statutory matrimonial property regime is separation of property (Gütertrennung). This also applies to registered partners. Each person retains ownership of what they brought into the marriage or acquired during it. Each person generally manages their own property and is responsible only for their own debts.

In a divorce, the property used jointly (Gebrauchsvermögen) and joint savings are divided upon application.

Property generally included in the division

• the jointly used home, household equipment and vehicles,
• money saved jointly.

Property generally excluded if there is no other agreement

• personal belongings,
• work equipment and company shares,
• gifts and inheritances.

Special rule for the home: if one spouse brought the home into the marriage but it was used jointly, it may still be included in the division if there is a notarised agreement or special need exists, for example where a joint child is affected.

What can be included in a marriage contract?

A marriage contract (Ehevertrag) can depart from the statutory rules. For example, the spouses may agree on a community of property (Gütergemeinschaft). The contract can regulate property, maintenance and division in the event of divorce. It may be concluded before or during the marriage.

Formal requirements include:

• division of joint savings or the marital home requires a notarial deed (Notariatsakt),
• for other usage property, the written form is sufficient.

There are limits:

• a provision concerning custody or maintenance of joint children is only a declaration of intent and is not binding,
• waiving mutual full maintenance during the marriage is not permitted,
• a waiver of maintenance after divorce is valid only if it does not conflict with good morals.

Frequently asked questions

Does everything bought during the marriage automatically become joint property?

No. Under separation of property, the person who acquired an item remains its owner. In a divorce, however, jointly used property and savings are divided upon application.

Must spouses adopt a shared surname?

No. Spouses may choose a shared family name, adopt a double name or keep separate names.

Am I liable for my spouse’s debts?

As a general rule, each person is responsible only for their own debts.

When can a marriage contract be concluded?

At any time, either before or during the marriage. It is advisable to review it regularly.

Practical steps

1. Discuss ownership, savings, debts, household responsibilities and maintenance before or during the marriage.
2. Check whether a marriage contract (Ehevertrag) is appropriate for your circumstances.
3. Use a Notariatsakt for joint savings or the marital home where required.
4. If leaving the shared home may later become an issue, consider applying for a declaratory decision through the court.
5. Seek advice from a lawyer or other qualified legal professional before signing an agreement or starting divorce-related proceedings.

This article is based on information available online and does not constitute legal advice. Use of the information is at your own risk. For professional advice, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at