Bundesportal | Claiming divorce maintenance

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Publisher

Bremen

Last update or date of publication

January 31, 2025

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In principle, you and your former spouse are initially obliged to provide for your own maintenance on your own responsibility after the divorce. If you are unable to do so after the divorce, you can assert a claim for maintenance.
If you are unable to reach an agreement with your divorced spouse on an appropriate amount of maintenance, you can assert your claim for divorced maintenance in court.
For details, please contact a lawyer.
Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

Label

Preconditions

the spouses are legally divorced
There is a legal requirement for alimony, e.g. alimony due to child care, old age, illness, unemployment, supplementary alimony.
Entitlement existed at the time of divorce
Need according to the marital living conditions
You must be indigent.
- Your income and your payment obligations as well as the obligation to your own gainful employment are decisive here.
the claimant must be able to pay

- Legal costs - Attorney's fees Both are essentially based on the value of the proceedings.

Basis for legal action

§ 111 Nummer 8 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§ 112 Nummer 1 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§ 113 Absatz 1 bis 3 und 5 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§ 114 Absatz 1 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§§ 1569 bis1586b Bürgerliches Gesetzbuch (BGB)

§§ 231 bis 248 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

Legal Remedies

The court's order requiring the parties to provide information is not independently appealable.
An appeal is possible against a final decision of the court. For this purpose, the value of the subject matter of the appeal must generally exceed EUR 600.00. The appeal must be filed with the court of remission by a lawyer within one month.
If the court has only provisionally decided on maintenance by way of a temporary injunction, there is no legal remedy against this.

Procedure

An application for divorce maintenance can only be filed by a lawyer. This does not apply to proceedings for a temporary injunction. The lawyer appointed by you will determine which family court has local jurisdiction for you.

The course of the court proceedings is essentially based on the rules governing civil proceedings.
The court may order you and your former spouse to provide information about their respective income, assets and personal and economic circumstances. If you or your former spouse do not comply with this order within the set time limit, the court may independently obtain information, for example from employers or insurance companies.

Deadlines

There are no legal deadlines.

Processing time

The processing time depends on the circumstances of the individual case. In main proceedings, the processing time is generally around 3 to 6 months; in more complex proceedings, it may be longer. Proceedings by way of temporary injunction generally take 3 to 6 weeks to complete.