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Emergency

No spousal support despite separation? When the claim is forfeited

Spousal support is not a matter of course and is not unlimited. Under certain conditions it can be reduced, time-limited, or entirely denied, for example with a short marriage, an established new relationship, or serious misconduct against the payer.

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Your chances of getting your money back

Post-marital support can be limited, reduced, or denied if its unchanged payment would be grossly inequitable (§ 1579 BGB), for example with a short marriage or a new, established partnership of the entitled person.
A concealed earning opportunity or serious misconduct against the person liable for support can also reduce the claim. Every case is an individual weighing of the circumstances.

What you should do now

  1. 1

    1. Check the basis of the claim

    First clarify whether there is any ground for support at all (e.g. childcare, age, illness, unemployment).

  2. 2

    2. Gather grounds for forfeiture

    Compile circumstances that speak against the support (short marriage, new relationship, misconduct).

  3. 3

    3. Assert limitation/time limit

    Assert that the support should be time-limited, reduced, or denied, and justify this concretely.

  4. 4

    4. Get advice

    The weighing is demanding. Have the prospects of success reviewed by a lawyer before you stop payments.

How to spot the scam

  • You stop payment on your own without clarifying the legal situation.
  • A new, established partnership of the entitled person goes unconsidered.
  • A reasonable gainful activity is not taken up.

Frequently asked questions

Does spousal support always have to be paid?

No. A claim exists only where there is a ground for support (e.g. childcare, age, illness). Even then it can be limited, time-limited, or denied if the payment would be grossly inequitable (§ 1579 BGB).

When does support lapse due to a new partnership?

If the entitled person lives in an established partnership (often after a certain duration), the support can be reduced or denied. Decisive is an overall assessment in the individual case.

May I simply stop the payment?

This is not advisable as long as the forfeiture has not been clarified. With an existing title, enforcement and arrears otherwise loom. Have the prospects of success reviewed and approach the adjustment in an orderly way.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.