When do I have to pay spousal support?
Spousal maintenance after divorce is subject to strict requirements. It is no longer enough that one earns more than the other. There is only a claim if one of the seven maintenance facts regulated in §§ 1570 ff BGB is present. Accordingly, taking care of children is one of the most important reasons. Up to the child’s third birthday, the person with whom the children live is entitled to basic maintenance. Under certain conditions, this period for which a spouse can claim child support can be extended. However, if a marriage has remained childless and both parties are able to support themselves, there is no right to maintenance.
The principle of personal responsibility was redefined in 2008 in the reform of maintenance law. According to this, both spouses are obliged to take care of themselves after the divorce, even if this is accompanied by cuts in lifestyle. Post-marital maintenance should now be the exception and not the rule.
How much is the spousal maintenance?
How much maintenance is to be paid depends primarily on the income of the ex-spouses. If there is a claim, the so-called difference method is often used. The higher earning spouse must leave part of his income to the lower earning spouse as maintenance. Basically, the higher earner has to give 3/7 of the difference in his income to the lower earning spouse.
Even if a spouse is in need after the divorce and would therefore be dependent on maintenance payments, the condition on the other hand is still that the spouse who is obliged to provide maintenance is able to pay. Because he can only pay the maintenance that he has previously earned himself. The maintenance debtor is entitled to a deductible of EUR 1,200 per month. He should ensure his own livelihood. In addition, any maintenance obligations towards the common children must be taken into account. Because maintenance obligations towards the children reduce the gross income. After deducting taxes and other contributions, this results in the adjusted net income. This forms the basis for calculating the maintenance obligation. If the spouse who is obliged to pay maintenance only has 1,200 euros a month at his disposal, he is not able to pay.
How long must spousal maintenance be paid?
The duration of the maintenance payments cannot be fixed as a lump sum. Lifelong maintenance does not generally exist. The decisive factor is whether the dependent partner has suffered marital disadvantages. This can be the case, for example, if he has accepted a career break by looking after the children. As long as marriage-related disadvantages exist, a time limit is almost always ruled out. In the case of a long marriage of more than 20 years, the family court can, according to §1587b BGB, also approve an unlimited maintenance. However, it also depends on the individual case.
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