Damages in divorce

Damages in divorce take two forms. Pecuniary damages may be claimed from the faulty spouse by the innocent or less faulty spouse whose existing or expected benefits are harmed by the divorce, covering the loss of the economic security and support the marriage provided.

Non-pecuniary damages are available where the events causing the divorce amounted to an attack on personality rights, with infidelity, violence and grave insult the typical grounds. In both, the comparison of fault is decisive: a spouse with equal fault recovers nothing.

Claims may be raised within the divorce case or by separate action within the statutory period from finality. The amount is assessed according to the parties' financial situations, the length of the marriage and the gravity of the events, and pecuniary damages may also be ordered in the form of periodic payments.