Depending on the life situation, there can be claims for various types of maintenance: during an intact marriage, from the separation to the legal force of the divorce and after the divorce.
In addition to the maintenance that may have to be paid for the former spouse in a separation or divorce for both parents the obligation to provide child support. The parent who looks after the child in his or her own household fulfills his maintenance obligation through his care and upbringing. The other, on the other hand, has to pay cash maintenance in many cases, i.e. meet a certain payment obligation to support the child.
The right to maintenance remains in retirement?
There are numerous reasons that justify a right to maintenance after retirement. In most cases, this is measured by the length of the marriage, but also by the financial and professional situation of the spouses. A marriage contract can also regulate the maintenance claim. Entitlement to post-marital maintenance remains in effect even if the person liable for maintenance retires – regardless of whether this is submitted early or due to age. The pension is also a creditable income that can be used to calculate maintenance claims.
However, post-marital maintenance only has to be granted if certain specific conditions and circumstances exist, such as: B. childcare or illness. No There is a general claim if the legal regulation applies and maintenance is not regulated by restrictions in a marriage contract.
What changes when you retire??
The obligation to pay maintenance at retirement age remains – but must be adjusted to the mostly greatly reduced income, i.e. the amount of the pension.
In addition, a new calculation principle applies from the pension of both parties, the semi-division principle. This says that both partners should have approximately the same resources at their disposal. To clarify: If the woman receives a monthly pension of 1,500 euros, but the man of 3,000 euros, the principle of semi-division states that both are entitled to half of their total pension, i.e. 2,250 euros. The man is therefore in for a maintenance payment height committed of 750 euros.
There is also a right to pension maintenance?
As soon as the respondent receives the divorce petition, the pension beneficiaries are not obliged to compensate for the pension compensation. All pension values can no longer be claimed by the partner entitled to compensation in the course of the distribution.
In order to make up for this deficit, the disadvantaged partner may be entitled to a pension. The basis for this can be, for example, an incapacity to work due to health problems combined with early retirement. The entitlement to preventive maintenance is calculated using the Bremen table of the OLG Bremen. A free download is possible here.
The right to preventive maintenance initially ends when the divorce becomes final. However, a new application can be made. In general, however, the entitlement expires at the latest when the general retirement age (65 years) is reached.
Child support changes upon retirement?
In general, if you are obliged to support your children, you must also do everything you can to pay them as a pensioner. Because the maintenance of the children is more important than your own pension. And those who receive a pension but could actually still go to work must do so in order to be able to fulfill these obligations. If this does not happen, a fictitious income is used as the basis for calculating the entitlements. The Federal Court of Justice in Karlsruhe (BGH) is clearly on the side of underage children – parents who are required to pay maintenance must use their full workforce.
You can insure yourself against maintenance payments?
There is no insurance against maintenance payments resulting from a separation, neither against your own children nor against your former partner. On the other hand, it is helpful to hire a specialist lawyer to find the best possible financial way for you within the framework of the applicable laws. The situation is emotionally stressful anyway. It is good if objective facts are created quickly and permanently in all matters of maintenance and there is clarity.
The blog post was posted by our partner firm TeReBe Rechtsanwalts-AG checked for legal correctness.
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