Assertion of post-marital spousal maintenance

If you are unable to agree on an appropriate amount of maintenance with your divorced partner, you can assert your divorced maintenance claim in court. The conduct of such legal proceedings is essentially governed by the rules applicable to civil proceedings. The Divorced maintenance claim is measured for the maintenance facts included in the law according to the recognized principles of maintenance calculation, which fill in the indefinite legal terms of maintenance law. For details, please contact a lawyer. Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

Proof of income, assets as well as personal and economic circumstances


none

Preconditions
In principle, you and your former spouse are initially obliged to provide for their own maintenance on their own responsibility after the divorce. If you are unable to do so after the divorce, you can assert a maintenance claim in accordance with the statutory provisions, provided that the following conditions are met: the spouses are legally divorced, Existence of a legal Maintenance e.B maintenance due to child care, old age, illness, unemployment. Claim existed at the time of divorce Need for marital living conditions They must be in need. (Here, your income and your payment obligations as well as the obligation to work for one's own employment are decisive.) the respondent must be efficient. For details, please contact a lawyer.
An application for the assertion of divorced maintenance can only be made by a lawyer. The further course of the judicial proceedings is essentially governed by the provisions on civil proceedings. The court may order you and your former spouse to provide information about the respective income, assets as well as personal and economic circumstances. If you or your former spouse do not comply with this order, the court can independently obtain inquiries, e.B. from employers or insurance companies.

Responsible for the content
Senator for Justice and Constitution of the Free Hanseatic City of Bremen

Last update or date of publication
29.09.2020