Maintenance after divorce: when is it owed?
After a divorce, the principle of self-responsibility generally applies: everyone provides for themselves. Nevertheless, post-marital maintenance can be owed if you cannot (fully) provide for yourself for certain reasons. The hurdles are higher than for separation maintenance, though.
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What you should do now
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1. Check the ground
Is one of the maintenance grounds present (child care, age, illness, unemployment, education)?
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2. Determine need and income
Compare the incomes of both sides; that is the basis of the calculation.
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3. Assert the claim
Assert the claim in writing and, if necessary, demand information about the other's income.
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4. Get advice
Post-marital maintenance is complex (time limits, offsetting). Get legal advice (advisory or procedural cost aid where applicable).
Frequently asked questions
Am I entitled to maintenance after the divorce?
Only if a statutory maintenance ground is present (e.g. care of joint children, age, illness, unemployment through no fault of your own; §§ 1569 ff. BGB). Otherwise the principle of self-responsibility applies: after the divorce, everyone generally provides for themselves.
How long is post-marital maintenance paid?
That depends on the individual case. The maintenance can be limited in time and reduced in amount, especially if there are no (longer) marriage-related disadvantages. Your own income is offset. The exact assessment belongs in a legal review.
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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.