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Maintenance for the wife: all information on spouse maintenance!

Maintenance for the wife – spousal support for separation and divorce

During marriage, in the Separation phase and after the divorce is the Husband is dependent on his wife, if he is a higher income achieved than she. Thereby apply for Men and women have no special rules. The husband can also claim maintenance if his wife earns more.

However, is still in Germany in much of society on traditional role model anchored: While the man the bun deserves, the woman throws it household and takes care of that children.

It turns out that the husband on the Career ladder climbs up and his partner in this regard after a separation or divorce disadvantaged is. Maintenance payments to the wife should ensure that she despite the marriage-related disadvantages still a certain Maintain living standards can.

In the following we show, under what circumstances the right to maintenance for the wife even after the divorce and what role the Principle of personal responsibility plays.

Contents of this guide

When maintenance is due for the ex-wife

First of all, one has to differentiate between Separation Maintenance and Divorced maintenance. The former is still claimed during the marriage and must then be paid if the maintenance is available. This applies even if the wife has waived this maintenance in previous marriage contracts.

divorced wife because of their age (mostly from the age of 65) can not be expected to work, so the Husband may pay maintenance. The wife can also claim this form of maintenance after the divorce. Always keep an eye on how the Job-related situation the woman in front and while the marriage was stored.

  • § 1572 BGB – Post-marital maintenance due to illness

Even if the wife is due to a illness If you cannot pay for your own maintenance, you are often entitled to maintenance. In any case, signs of the disease must already Date of divorce have occurred.

Also addictions (such as drug addiction) or mental illness can lead to a right to maintenance for the wife. In this case, however, it must get medical help and undergo recommended therapies. If she refuses to receive such treatments, she usually forfeits her maintenance claim.

Should it be despite the woman demonstrably intensive effort If they are unable to obtain adequate employment, they can Unemployment maintenance entitled.

However, it stands in a reasonable employment, whose pay you however does not allow the standard of living, which she enjoyed during the marriage, additional spousal maintenance can be an option for the wife.

Spouse maintenance of this type is usually done in a limited amount and especially for one limited duration granted.

  • § 1575 BGB – education, training & retraining

Separation maintenance: So that (financially) everything stays as it was

As already mentioned, separation maintenance can be carried out not effectively waived become. This means that even if such maintenance was precluded by the wife and husband in a contract as a precaution, anyway claim insists. As a rule, a notary will ensure that such clauses in a marriage contract not included are.

However, separation separation must be carried out after the separation from the wife sought if she wants to make this claim. If the request is not received, she does not receive any money from the husband. after divorce becomes final not retrospectively maintenance separation be requested if this previously missed has been.

The wife can during the separation year not committed to work even if she had not done any work during the marriage. The background to this regulation is that marital relationships largely exist in order not to put any stones in the way of a possible reconciliation.

Post-marital maintenance: After divorce limited by personal responsibility

For the Divorce Day (and not after the end of the separation year), the maintenance of a former wife must be applied for again. From now on, however, it is Committed, the Maintenance load of her ex-husband minimize. So she has to go looking for a job and try to work according to the principle of personal responsibility To earn maintenance as a woman.

If the man does not pay maintenance for the woman

If the man ceases to pay maintenance to the wife or refuses to pay him, there is one Lawsuit inevitable, to assert the claims. The woman has to contact a lawyer.

In a lawsuit for maintenance arrears is again to differentiate between separation maintenance and divorced maintenance. For example, two lawsuits may have to be filed in which maintenance can be requested for the wife.

If the situation is financially precarious, it can also contact the job center. Under certain circumstances, this can Payment of unemployment benefit II (ALG II) grant. The social security authority will then contact the ex-husband and in a so-called Reconciliation display act as a new creditor to this. He has to Entertains then for his wife pay to this authority.

Maintenance for the wife: How long does the husband have to pay?

In principle, it applies that a (former) spouse as long as entitlement to maintenance has like a justified maintenance consists. However, it can of course happen that the previously better earning Husband suddenly stopped performing is. In addition, the Entitlement to maintenance forfeited by wife become:

  • at Marriages of short duration (usually less than two years) there is no entitlement to maintenance for the wife.
  • If the woman has one new solidified (marriage-like) community received, the entitlement to spousal maintenance can lapse.
  • The woman also forfeits the right to maintenance if she does committed crimes against the man.
  • According to a decision of the Higher Regional Court (OLG) Hamm, a spouse also forfeits his right to maintenance if he does so for more than a year. (Az .: 6 UF 196/13)

Calculation of maintenance for the wife

To calculate the maintenance payments to the wife or husband, please use our spouse maintenance calculator. This uses the 3/7-procedure, which is mostly used to carry out an initial calculation.

Loud Guidelines of the Düsseldorf table are

  • 3/7 of adjusted net income of a working husband as maintenance to his wife to pay in so far as this unemployed is,
  • 3/7 from the difference in adjusted net income of a working husband on the adjusted net income of his employed but lower earning wife to cede to them as maintenance,
  • out all other income is half each to be transferred to the wife as maintenance (e.g. renting, amounts of property etc.)

According to the Guidelines of the Family Senate in Southern Germany (SüdL) the same calculation bases apply, only that instead of the 3/7 rule 45 percent be scheduled. It is therefore 45 percent of the adjusted net income of the higher earners or 45 percent of the difference between the two adjusted net incomes. The guideline comes first in South Germany for use.

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Christina Cherry
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