Marital Separation – Rights of the Spouses in Greece

Marital Separation – Rights of the Spouses in Greece

Marital separation is the situation in which spouses decide to live apart, without their marriage being legally dissolved through divorce. Even though they no longer live together, the marriage continues to exist legally, and therefore certain legal rights and obligations between the spouses remain in force. Below, we explain in simple language yet with professional accuracy the basic rights of spouses during separation, both between themselves and towards their children.

Spousal Maintenance During Separation (and After Divorce)

One of the most important issues during marital separation is the right to spousal maintenance (financial support) from one spouse to the other. Under Greek family law, the spouses’ obligation to contribute to the needs of the family continues to apply to a certain extent even after separation.

This means that if one spouse is unable to secure their own livelihood after separation, they may claim spousal maintenance from the other. The beneficiary is usually the financially weaker spouse, especially where the cessation of cohabitation occurred for reasonable cause (e.g. serious conflict or health/safety reasons). Maintenance is paid monthly in monetary form, aiming to cover the basic living needs of the beneficiary at the standard of living enjoyed during the marriage.

It must be clarified that spousal maintenance during separation is not the same as post-divorce alimony. During separation, financial support is based on the continuing marital obligation of mutual contribution. After divorce, however, maintenance is awarded only in exceptional cases of financial incapacity, such as advanced age, serious illness, or care of a minor child. Therefore, during separation, the financially stronger spouse may be obliged to contribute to the living expenses of the other, and if this is not done voluntarily, the beneficiary may seek a court order for maintenance.

Property Matters During Marital Separation

When spouses separate temporarily, issues arise regarding the use of joint property. A fundamental right is that each spouse is entitled to reclaim their personal movable property, namely items that belong exclusively to them, even if they were used jointly during the marriage.

However, each spouse has an obligation to grant the other spouse the use of absolutely necessary household items required to establish a separate residence, where needed. This ensures that both parties can live with dignity under the new circumstances.

A particularly important issue concerns the use of the family residence, i.e., the home where the couple lived together. If the spouses cannot agree on who will remain in the residence, the court may temporarily grant exclusive use of the family home to one spouse, taking into account the needs of each party and the best interests of the children. This means that regardless of ownership, the court may assign use to the spouse who is in greater need. Naturally, the spouses may reach an amicable agreement themselves and avoid litigation.

Finally, if separation lasts more than three years, each spouse acquires the right to claim participation in the other spouse’s acquisitions, meaning a share of the increase in property obtained during the marriage, proportionate to their contribution.

Issues Concerning Children During Separation

When a couple with children separates, critical issues arise regarding the rights and obligations of the parents toward their minor children. Under Greek law, both parents continue to jointly exercise parental responsibility even after separation. This means that both remain responsible for important decisions affecting the children (health, education, name, etc.), despite no longer living together.

Everyday care and custody is usually assigned to the parent with whom the children reside, while the other parent retains communication rights and active participation in the child’s life.

Parents should attempt to agree on where the children will live and how contact with the other parent will take place. If no agreement is reached, they may refer the matter to the court, which will rule on custody and/or communication arrangements based on the children’s best interests.

A further matter of priority is the financial support of the children. The parent who does not live with the child has a legal obligation to pay child maintenance, i.e., monthly financial support toward the parent with daily care. The amount is determined either by agreement or by court decision, depending on the needs of the child and the financial capacities of both parents. This obligation applies both during separation and after divorce. Separation does not abolish the child’s right to financial support from both parents.

Conclusion

In summary, marital separation constitutes an intermediate legal status in which, despite physical separation, significant rights and obligations continue to exist. It is crucial for spouses to be aware of their rights regarding maintenance, property, and children, in order to protect their interests in accordance with the law. Timely consultation with an experienced family law attorney can help ensure that this difficult period is managed smoothly and fairly.

Frequently Asked Questions (FAQ)

• What does “marital separation” mean?
  It refers to a situation where a married couple lives apart without having obtained a divorce. No formal legal procedure is required—only the decision to stop cohabitation.
• Is any document or court decision required to be considered separated?
  No. Separation is a factual situation and requires no formal documentation.
• Can I claim maintenance from my spouse during separation?
  Yes, if you are financially weaker and unable to support yourself. The court may order monthly spousal maintenance.
• Who stays in the home during temporary separation?
  This may be decided by agreement. If not, the court will decide based on the spouses’ and children’s needs, regardless of ownership.
• What applies to child custody during separation?
  Both parents retain joint parental responsibility, while one parent usually has daily care. The other keeps communication rights.
• Must I pay child maintenance during separation?
  Yes. The non-resident parent must pay child maintenance, determined by agreement or judicial decision.
• Can a divorce be issued without the other spouse’s consent after long separation?
  Yes. After two continuous years of separation, the marriage is legally presumed irreparably broken, and unilateral divorce may be granted.

This article is for informational purposes only and does not constitute legal advice. Each case requires individualized legal assessment based on its specific facts and applicable legal framework. For specialized legal guidance, please contact our law firm.