Claiming a post-marital spouse's maintenance
If you are unable to agree on a reasonable maintenance amount with your divorced partner, you can take legal action against your divorced maintenance claim. The conduct of such a judicial procedure is essentially governed by the rules applicable to the civil proceedings. The Divorce maintenance claim is calculated for the maintenance measures included in the law according to the recognised principles of maintenance calculation, which complete the indeterminate legal concepts of the maintenance right. For details, please contact a lawyer. Further information can also be found in the maintenance guidelines of the Higher Regional Courts.
Evidence of income, wealth and personal and economic circumstances
In principle, you and your former spouse are first obliged to take care of their own maintenance after divorce. If you are unable to do so after divorce, you can claim maintenance in accordance with the statutory provisions, provided that the following conditions are met: the spouses are legally divorced, The existence of a legal Maintenance stock e.B. maintenance due to childcare, age, illness, unemployment. Claim existed at the time of the divorce Need for marital living conditions They must be in need. (Your income and payment obligations, as well as your obligation to work, are crucial here.) the opponent must be capable of performance. For details, please contact a lawyer.
- Section 113 (1) Law on family proceedings and voluntary jurisdiction (FamFG) for family disputes
- Section 112 No. 1 Law on family proceedings and voluntary jurisdiction (FamFG) for family disputes
- Section 231 (1) No. 2 Of the Law on the Procedure in Family Matters and voluntary jurisdiction (FamFG) for family disputes
- Section 111 No. 8 Law on proceedings in family matters and in matters of voluntary jurisdiction (FamFG) for family disputes
- Section 1569 et seq. Of the Civil Code (BGB)
- Section 114 (1) Law on family proceedings and voluntary jurisdiction (FamFG) for family disputes
- Section 232 et seq. Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) on the jurisdiction and duty of information of the parties
An application for the assertion of a divorced maintenance can only be made by a lawyer. The further course of the judicial proceedings is essentially governed by the rules on civil proceedings. The court may order you and your former spouse to provide information about their income, assets and personal and economic circumstances. If you or your former spouse does not comply with this order, the court may independently request enquiries, e..B from employers or insurance companies.