Assertion of maintenance during the separation phase

If you are married or in a registered partnership but live separately, you can demand adequate maintenance from your partner before the divorce.

If you are unable to agree on an appropriate amount of maintenance with your (spouse) partner living in separation, you can assert your claim for separation maintenance in court. The conduct of such legal proceedings is essentially governed by the rules applicable to civil proceedings.

The separation maintenance claim is calculated according to the recognized principles of the calculation of maintenance, which fill in the indefinite legal terms 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.

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

None

Preconditions

A separation maintenance claim presupposes in principle that

  • the spouses or partners live separately,
  • the need for marital living conditions is determined,
  • the applicant is in need (Here, the income and payment obligations of the person seeking maintenance as well as the obligation to work for one's own employment are decisive.)
  • the respondent is efficient.
  • For details, please contact a lawyer.
  • The maintenance guidelines of the Higher Regional Court of Braunschweig
  • The maintenance guidelines of the Higher Regional Court celle
  • The maintenance guidelines of the Higher Regional Court of Oldenburg

Related Links

  • § 1361 Civil Code (BGB)
  • § 111 No. 8 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Matrimonial Matters Maintenance Matters
  • Section 113(1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Matrimonial Matters Family Disputes
  • Section 114(1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Matrimonial Matters Family Disputes
  • Section 231(1)(2) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • Section 269(1)(9) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
  • § 270 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
  • §§ 232 et seq. act on proceedings in family matters and in matters of voluntary jurisdiction (FamFG) on the jurisdiction and information obligations of the parties involved

An application to assert separation maintenance can only be filed by a lawyer.

  • The further course of the judicial proceedings is essentially governed by the provisions on civil proceedings.
  • The court shall serve the application on the defendant. He or she will be given the opportunity to comment.
  • Subsequently, the family court set an amount for maintenance.
  • The court may order the parties to provide information about their income, assets and personal and economic circumstances. If you and your former (spouse) partner do not comply with this order, the court can independently obtain inquiries, e.B. from employers or insurance companies.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020