The influence of good faith on the right to receive maintenance from a spouse or former spouse

With the registration of the marriage certificate, the spouses are mutually and jointly obligated to provide each other with material maintenance and moral support, both during the marriage and after its dissolution. When establishing the payment of alimony from the spouses, both the period of cohabitation of the spouses that gives the right to maintenance and after the dissolution of the marriage will be taken into consideration. The role of the court is essential, manifested through the meticulous examination of all the factual and legal circumstances that influence good faith in the right to receive maintenance from a spouse or former spouse. When determining the right that gives rise to the maintenance obligation, the court will assess the evidence submitted in the case, taking into account the principle of good faith or its absence. The court may dismiss the application if it considers that the spouse requesting the maintenance obligation has acted contrary to good faith.