The Family Law Administration can assist in determining the amount of spousal maintenance. Both if you are married and in relation to separation and divorce.

The form Application for Spousal Maintenance is available upon request. 

Spousal maintenance in relation to separation and divorce

When spouses apply for separation or divorce, it must be agreed upon if and who will pay maintenance to the other. If one party is obligated to pay maintenance, it must also be agreed upon how long the payment period will last (annually). The Family Law Administration can assist you in negotiating an agreement. In cases of disagreement, only the court can decide on the matter.

Once spouses have reached an agreement or the court has decided on possible spousal maintenance and its duration, the Family Law Administration can determine the amount of spousal maintenance i.e., what the specific amount should be. The Family Law Administration can only determine the amount of spousal support.

Learn more about separation and divorce, as well as spousal maintenance relating to separation and divorce here.

Spousal maintenance while married

If one spouse fails to fulfil their obligation to support the other whilst married, it is possible to apply to the Family Law Administration to order the other spouse to pay spousal maintenance. This applies whether spouses live together or not. A decision on spousal maintenance while married lapses if spouses separate or divorce.

Application deadline

Following regular procedures, the application must be in the hands of the Family Law Administration no later than 2 months after the triggering event if the payment is to have retroactive effect. The triggering event could, for example, be the end of cohabitation, the day the permission for separation is granted, or the day of the court decision regarding separation or divorce.

If the application is submitted later than 2 months after the triggering event, the payment will be determined to take effect from the day the Family Law Administration received the application.

Spouses must themselves come to an agreement regarding how long the obligation to pay the maintenance should last (i.e., how many years). If spouses cannot come to an agreement, the Family Law Administration can assist in negotiating an agreement.

Spouses can agree that neither of the spouses should pay spousal maintenance, or spouses can agree that one will pay maintenance to the other for a certain period, e.g., 2, 5, 8, or 10 years. Spouses can also agree that one party has the obligation to pay maintenance to the other without a time limit, or that the obligation is only valid during the separation period. The agreement will then be subject to review during a divorce.

If spouses cannot reach an agreement with or without the assistance of the Family Law Administration, the court can decide whether spousal maintenance should be ordered and, if so, for how long the obligation should last.

When the court decides how long the maintenance obligation shall be in effect, the following circumstances are part of the consideration:

• The duration of the marriage.
• Whether the recipient of the support (the payee) needs the support or if they are able to support themselves adequately.
• Whether the payer (the obligor) has sufficient income to provide the support.

The typical duration of spousal maintenance is a maximum of 10 years. However, in exceptional circumstances, the court may decide that the maintenance obligation is indefinite. This is usually only the case if the marriage has lasted for 20 years or more.

Decisions made by the Faroese Court can be appealed to the High Court (Landsrættin).

Examples of court decisions regarding the duration of spousal maintenance obligation:

The Eastern High Court, 2013:

13-year marriage. 52-year-old man was actively employed. 42-year-old woman was actively employed while they were married, but after the divorce, she had a flex job.

No maintenance obligation.

The Western High Court, 2012:

21-year marriage and 3 years of cohabitation prior. The wife had part-time employment since the birth of their first child, with an annual income of DKK 250,000. The husband was self-employed and had an annual income of DKK 650,000.

Maintenance obligation for one year.

The Eastern High Court, 2012:

3 years of marriage. The wife, 51 years old and of foreign origin, moved to Denmark to marry the husband. The wife was undergoing education, while the husband worked as a replacement worker.

Maintenance obligation for one year.

The Eastern High Court, 2012:

30 years of marriage and 10 years of cohabitation before marriage. The 62-year-old husband was actively employed with an annual income of DKK 480,000. The 62-year-old wife was actively employed while they were married but had taken an early retirement in 2005/2006.

Maintenance obligation for five years.

The Eastern High Court, 2010:

16 years of marriage and six years of cohabitation before marriage. 40-year-old wife took early retirement in 2000. The 43-year-old husband was engaged in active employment and had an annual income of DKK 550,000.

Maintenance obligation for eight years.

If spouses cannot come to agreement regarding the specific amount of the maintenance, it is possible to apply to the Family Law Administration for a decision on the matter. The Family Law Administration uses guiding regulations when the amount is determined. In relation to all mentioned amounts, the Family Law Administration only considers gross income - that is, before taxes, and before various fixed expenses are deducted, but after pension contributions. Usually, expenses are not taken into account.

However, if one party has income from abroad or, e.g., DIS income, the income will be calculated to a total gross income according to applicable tax rules. This calculated total gross income will then be used as the basis.

Child support and other obligations towards children are the only expenses deducted from the gross income of the party responsible for paying the spousal maintenance. If it is estimated that one of the spouses is not utilising their ability to work, consideration may be given to what income they could have had if their earning capacity had been utilised.

Spousal maintenance is set at a fixed amount in whole thousand kroner payable monthly in advance. See examples below.

If both parties have an average income

If both parties have an average income, the amount of the payment is usually set at one quarter of the difference between the incomes. If the difference in incomes is small and the monthly payment would consequently be very low, the Family Law Administration will not assign spousal maintenance.

If the payer has a low income

If the spouse who is obligated to pay spousal maintenance has an annual income of approximately DKK 320,000 or less (as of 2024), spousal maintenance is usually not assigned. If the income increases, a new application can be made.

If the payer has an annual income between DKK 320,000 and 340,000 (as of 2024), the Family Law Administration usually assigns a lower amount than a higher annual amount. The decision is carefully assessed.

Generally, the maintenance amount is regulated so that the gross income of the payer, after spousal maintenance and possible child support payments, does not fall below DKK 320,000 per year (as of 2024).

The recipient having a certain income - "Income ceiling"

If the recipient has an annual income between approximately DKK 330,000 and 370,000 (2024 figures) or higher, usually no spousal maintenance is assigned because the financial circumstances of the recipient are deemed sufficient to not require such payment.

In cases where spousal maintenance is determined, and if the payer has an annual income below around DKK 900,000, the Family Law Administration typically sets the payment amount so that the total income of the recipient, including spousal maintenance, is in the lower half of the aforementioned range - that is, around DKK 330,000-350,000 per year.

If the payer has an income that exceeds about DKK 900,000 annually, the Family Law Administration usually sets the payment amount, so that the total income of the recipient falls within the upper half of the aforementioned range - approximately DKK 350,000 to 370,000 per year.

If the payer has a very high annual income, the basis may be set to establish the payment so that the total annual income of the recipient exceeds DKK 370,000 (2024 figures).

If the annual income of the payer exceeds DKK 1.5 million, the Family Law Administration typically sets the payment so that the total annual income of the recipient is approximately DKK 370,000 to 390,000.

If the spouse who is liable to pay spousal maintenance has a significantly higher annual income, the Family Law Administration, based on a thorough assessment, may set the payment amount so that the total income of recipient, including spousal maintenance, exceeds DKK  390,000.

If the recipient has no, or very low income

Because the amount of the payment is usually set at one quarter of the difference between the incomes, it can be particularly burdensome for the payer if the recipient has a very low or perhaps no income. In such cases, an imaginary annual income of DKK 140,000 (2024 figures) of the recipient is used to calculate the amount of the payment.

If the payer has considerable expenses

If the combined expenses for spousal and child maintenance exceed one-third of the gross income of the payer, the spousal maintenance will be reduced.

Example of spousal maintenance calculation:

Example No. 1
The payer has a yearly income of DKK 350,000.

The recipient has a yearly income of DKK 240,000.

The couple has two children, to whom the payer is assigned to pay regular child maintenance.

The difference between the parties’ income, when the child maintenance obligation has been taken into consideration, is DKK 84,008.

¼ of the difference is DKK 21,002.

Spousal maintenance will likely be assigned to a monthly rate of DKK 2,000.

Example 2
The payer has a yearly income of DKK 725,000.

The recipient has a yearly income of DKK 250,000.

The couple has two children, to whom the payer is assigned to pay regular child maintenance + 100% in addition.

The difference between the parties’ income, when the child maintenance obligation has been taken into consideration, is DKK 423,016.

¼ of the difference is DKK 105,754.

Since spousal maintenance at a monthly rate of DKK 9,000 causes the yearly income of the recipient to be DKK 358,000, spousal maintenance is decreased because of the proportionally high income of the recipient.

Spousal maintenance will likely be assigned to a monthly rate of DKK 5,000-6,000.

Example 3 - "Imaginary income" and "income ceiling"

The payer has an annual income of approximately DKK 1.6 million, and the recipient an annual income of approximately DKK 120,000. In the calculation of the spousal maintenance amount, the recipient income is set to an "imaginary annual income" of approximately DKK 140,000.

DKK 1.6 million minus DKK 140,000 = DKK 1,460,000.

1/4 of the difference is DKK 365,000 - which is DKK 30,417 per month.

Without an "income ceiling," the payer would have to pay DKK 365,000 annually in spousal maintenance. Thus, the recipient’s annual income would have been approximately DKK 485,000.

The "income ceiling" and the payer's annual income imply that the combined annual income of the recipient, including spousal support, must be between approximately DKK 370,000 - 390,000.

Given that the recipient has an annual income of approximately DKK 120,000, spousal maintenance after the "income ceiling" can be set at DKK 22,000 per month, meaning the combined annual income of the recipient would be approximately DKK 384,000. This means that the actual annual income of DKK 120,000 - and not the "imaginary income" of DKK 140,000 - is used when calculated after the "income ceiling."

It is possible to apply for a change in the amount of spousal maintenance at the Family Law Administration. For example, if there are changes in the incomes of the parties. Spouses can also negotiate a new agreement on the amount of spousal maintenance themselves.

If the Family Law Administration changes the amount of the payment, these changes usually take effect from the first payment date after the decision.

If spouses have agreed on the amount of spousal maintenance themselves and have agreed that the Family Law Administration cannot change the amount, then the payment can only be changed by the court. The court can change the amount if it is deemed unreasonable to maintain the agreement due to significantly changed circumstances.

Read more under Revocation of Spousal Maintenance.

If you wish to apply for a change in spousal maintenance, you can submit an application to the Family Law Administration. Please use the form Application for Spousal Maintenance, which is available upon request.

If spouses have agreed that there should be no obligation to pay spousal maintenance, this agreement can only be changed by the court. The same applies if changes are to be made regarding the duration of the payment to a longer or shorter payment period.

The court can change the agreement if it is deemed unreasonable to maintain it due to significantly changed circumstances. Additionally, the court can change the agreement if it is found that the agreement was unreasonable for one spouse when it was made.

A court decision regarding spousal maintenance obligation and duration can be changed by a court judgment if significantly changed circumstances or special reasons justify the change.

If you pay spousal maintenance pursuant to Art. 40 of the Marriage Act (i.e. after separation or divorce), you can apply to the Department of Social Services (Almannaverkið) to receive a 40% refund of the amount paid. To qualify for a 40% refund, spousal maintenance must have been assigned to you – meaning that you cannot receive a 40% refund if it is a negotiated spousal maintenance. Additionally, there are deadlines for applying for assistance in paying spousal support. You can find more information on the Department of Social Services’ (Almannaverkið) website, www.av.fo.

If you receive spousal maintenance, the amount received must be reported as income to TAKS.

The obligation to pay spousal maintenance ceases automatically if:

• The one who is obligated to pay spousal maintenance passes away.
• The spousal maintenance recipient remarries.

If the recipient moves in with another person or has a cohabitation-like personal and/or financial relationship with another individual, the Family Law Administration may reduce the payment to DKK 0, if deemed unreasonable for the payer to continue the payment. However, such changes can only be made upon request from on of the parties.

If you wish to apply for revocation of spousal maintenance, you must submit an application to the Family Law Administration. Please use the form Application for Spousal Maintenance, which is available upon request.

A widow pension scheme is a pension scheme agreement that spouses have made through their employment, which gives one of the spouses the right to receive a pension if the other spouse (who is eligible for a pension) dies.

If divorced, the right to widow pension is usually annulled. However, the right to this pension might be preserved after divorce if the spouse has the right to receive spousal maintenance. Therefore, it is essential to be aware that the right to a widow pension and the right to spousal maintenance are mutually dependent when you agree on spousal maintenance. In some cases, it is required to have been married for at least five years for the right to widow pension to be valid.

Most spouses arrange themselves how the payments should be made, for example, through regular bank transfers.

Almannaverkið cannot pay the maintenance in advance. If the payment is not made the by one who is obligated to pay, it is possible to contact Almannaverkið. After hearing from the obligated spouse, Almannaverkið may send a demand for the collection of the payment to TAKS. Once TAKS has collected the payment from the one who is obligated to pay, they transfer the funds to you.

If you need assistance from Almannaverkið to collect a payment, you must contact them. You must provide Almannaverkið with the maintenance document (the maintenance decision) along with your application.

A decision made by the Family Law Administration can be appealed to the National Appeals Institution (Føroya Kærustovnur) within four weeks of the date you were informed of the decision.

Send the appeal to:

Føroya Kærustovnur
undir Hornabakka
PO box 45
110 Tórshavn

or by e-mail to fks@fks.fo. 

For further information about spousal maintenance, please contact the Family Law Administration.