Unfortunately, contrary to a well-known hit by Johanna von Koczian, “the little bit of housework” in everyday life does not take care of itself. However, the law has already clearly regulated the question of who has to take care of the household in a valid marriage.
Basically, the so-called equal participation requirement applies, which means that both partners must contribute half of the household work[1]. However, if only one of the spouses is employed, the other is legally obliged to take care of the household. If both spouses are employed or neither of them is, both are obliged to contribute to the household management according to their personal circumstances.
The law defines household management as the primary responsibility for day-to-day care, in particular grocery shopping, maintenance of various appliances, heating and cleaning of the shared living area (including laundry!). Even the maintenance of the garden is part of household management - provided that the maintenance does not cause unusual expenditure.
Gender plays no role in the performance of household management duties. So, for example, if the husband approaches his wife with reference to his inability to iron his own shirt, she can reply in a legally precise manner that the law requires her to learn what can be learned[2].
The specific division of household chores must be agreed upon by both parties. However, failure to help with household chores cannot be sued. The spouses can only claim neglect of the household as a reason for divorce in the event of a divorce. However, it should be noted that according to case law, a subjective standard is applied when examining this reason for divorce and the court bases its decision on the demands the spouses themselves have placed on household chores.
In any case, case law shows a certain tendency to assume that neglectful housekeeping is the reason for divorce, especially in the case of women, and to apply a very strict standard here, while this aspect is of lesser importance in the case of male spouses[3].
[1] This is derived from §§ 91, 95 ABGB; see e.g. Hopf/Kathrein, Eherecht², § 95 ABGB, note 2.
[2] See Feil/Marent, Family Law, § 95 ABGB, Rz 1.
[3] References in Smutny in Kletecka/Schauer, ABGB-ON, Rz 5 to § 95 ABGB.
This article was provided by
JOHANNES HEBENSTREIT, LL.M.*
*University of Cambridge
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