Nachehelicher Unterhalt Beantragung

Are you unable to support yourself after your divorce? Then you can claim post-marital maintenance.

If one spouse is unable to support themselves with their income and assets after the divorce, they can claim maintenance from the other spouse. Maintenance covers all living expenses.

If there is no mutual agreement on the amount and method of payment, the family court will decide on this.

Post-marital maintenance is usually determined during the divorce proceedings (joint proceedings). However, it can also be claimed or amended after the divorce proceedings have been concluded. The claim must be asserted in good time; this can only be done retrospectively under certain conditions.

In the context of court proceedings: in particular proof of income and assets.

• The spouses or civil partners are legally divorced.
• The claimant is in need.
  The income and payment obligations of the partner seeking maintenance and the obligation to work are decisive.
• The defendant is capable of paying.

Court and lawyer's fees are incurred. The amount of these fees depends on the value of the case as determined by the court.

If the partner refuses to pay maintenance or only pays part of it, it is possible to claim maintenance through the courts. This requires a fee-based application, which can only be submitted by a lawyer.

If you are not in a position to quantify the exact amount of maintenance required - for example, because you do not have any information about the other party's income and assets - you can first request information.

Anyone who is unable to support themselves after a divorce can claim post-marital maintenance under certain conditions.

Please contact the family court at the local court that is dealing with the divorce proceedings. If the divorce proceedings have already been concluded, the family court at the local court in whose district the respondent has his/her habitual residence.