Divorce and Spousal Maintenance After Divorce in Bulgaria

Bulgarian law recognizes two forms of divorce: divorce due to the breakdown of the marriage, commonly known as contentious divorce, and divorce by mutual consent. Contentious divorce is adversarial proceedings in which the marriage has deeply and irretrievably broken down. At any stage, the spouses may move to proceedings for divorce by mutual consent.

In contentious proceedings, where the spouses dispute a particular right, either party may ask the court to rule on fault for the breakdown of the marriage. Such a ruling affects entitlement to spousal maintenance because, under Article 145 of the Family Code, that right belongs to the spouse who is not at fault.

Maintenance may generally be owed for no more than three years after termination of the marriage unless the parties have agreed on a longer period. The court may extend the period upon a subsequent application if the spouse receiving maintenance is in a particularly difficult situation and the obligated spouse can continue paying without particular hardship. These circumstances must be proved and are assessed by the court.

If the court awards maintenance to the spouse who is not at fault, it is paid monthly. In the event of delay, statutory interest is due on the outstanding principal from the due date until final payment. The eligible spouse may also claim maintenance for a past period, but for no more than one year before bringing the claim.

The legal consequences of fault arise only after the divorce judgment enters into force, following its delivery and expiry of the appeal periods for both parties.

When facing divorce and a possible claim for spousal maintenance, it is advisable to obtain advice from an experienced family-law and divorce lawyer who can assess the evidence and protect your interests.