Living separated: am I entitled to separation maintenance?
You live apart but are still married, and you have significantly less income than your (soon-to-be-ex) spouse? Then you may be entitled to separation maintenance. It is meant to secure the accustomed standard of living for the time until the divorce.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Check your right to a lawyer →Your chances of getting your money back
What you should do now
- 1
1. Quantify the claim
Compare the incomes of both sides. The maintenance is based on the difference and the marital living conditions.
- 2
2. Demand information
Demand information about the other side's income; that is a precondition for the exact calculation.
- 3
3. Assert in writing
Demand the separation maintenance in writing and from the time of the separation; retroactively it is only possible to a limited extent.
- 4
4. Get advice
Maintenance calculations are complex. Get legal advice (possibly with advice/procedural cost aid).
Frequently asked questions
Who gets separation maintenance?
The economically weaker spouse during the period of living apart, that is until the divorce becomes final (§ 1361 BGB). The amount is based on the marital living conditions and the income difference between both partners.
Do I have to actively demand the separation maintenance?
Yes. It is not paid automatically. Demand it in writing from the time of the separation and request information about the other side's income. By the way, you cannot validly waive future separation maintenance.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.