Geschiedenenunterhalt Festsetzung

If you and your former partner are legally divorced and you are unable to support yourself, you can demand reasonable maintenance from your partner.

If you and your divorced partner are unable to agree on an appropriate amount of maintenance, you can assert your claim for maintenance in court. The procedure for such court proceedings is essentially based on the provisions applicable to civil proceedings.

The divorcee's maintenance claim iscalculated in accordance with the recognized principles of maintenance calculation, which fill out the undefined legal terms of maintenance law. For details, please contact a lawyer.

Further information can also be found in the maintenance law guidelines of the higher regional courts.

• Proof of income, assets and personal and financial circumstances

In principle, you and your former spouse are initially obliged to provide for your own maintenance 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 the following conditions are met:

• the spouses are legally divorced,
• A statutory maintenance claim exists, e.g. maintenance due to childcare, old age, illness, unemployment,
• Entitlement existed at the time of the divorce,
• Need according to the marital living conditions,
• You must be in need (your income and payment obligations as well as your obligation to work are decisive here),
• the other party must be able to pay,
• For details, please contact a lawyer.

• Court costs
• lawyer's fees
• both depend on the amount in dispute

An application to assert a claim for divorce maintenance can only be made by a lawyer.

• The further course of the court proceedings is essentially based on the regulations governing civil proceedings.
• The court can order you and your former spouse to provide information about your income, assets and personal and financial circumstances. If you or your former spouse do not comply with this order, the court can make independent inquiries, e.g. with employers or insurance companies.

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case

No statutory deadlines

The maintenance guidelines of the higher regional courts, e.g. the maintenance principles of the Frankfurt am Main Higher Regional Court

For information on the subject of divorce, see

https://www.bmfsfj.de/

Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer

• Determination of divorce maintenance
• Divorce maintenance can only be claimed for the period after the divorce has become final
• Compulsory attorney
• The prerequisite for divorce maintenance is
  • Final divorce of the spouses
  • The requirements of a statutory maintenance claim must be met
  • Neediness of the claimant
  • Ability to pay on the part of the other party to the claim.
• Competent court: Local Court - Family Court -

Please contact a lawyer.

The local court - family court - responsible for you will determine the lawyer you have appointed.

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