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

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 make a claim for maintenance.
If you and your divorced spouse are unable to agree on an appropriate amount of maintenance, you can assert your claim for maintenance in court.
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 and personal and financial circumstances
• If applicable, further supporting documents to be determined by the court
• if applicable, written assurance that the information provided is truthful and complete

• the spouses are legally divorced
• A statutory maintenance claim exists, e.g. maintenance due to childcare, old age, illness, unemployment, top-up maintenance
• 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 in this respect.
• the other party must be able to pay the claim

• Court costs
• Attorney's fees
• both are essentially based on the value of the proceedings

An application for the assertion of divorce maintenance can only be made by a lawyer. This does not apply to proceedings for a temporary injunction. Your appointed lawyer will determine which family court has local jurisdiction for you.

• The course of the court proceedings is essentially based on the regulations governing civil proceedings.
• The court may 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 within the set time limit, the court can make independent inquiries, for example with employers or insurance companies.

The processing time depends on the circumstances of the individual case. In main proceedings, the processing time is usually around 3 to 6 months, in more complex proceedings it may be longer.
Proceedings by way of interim injunction usually take 3 to 6 weeks to process.

There are no statutory time limits.

• The court's order on the parties' duty to provide information cannot be appealed independently.
• An appeal may be lodged against a final decision (final ruling) by the court. As a rule, the value of the object of the appeal must exceed EUR 600.00. The appeal must be lodged within one month by a lawyer with the decree court.
• If the court has only made a provisional decision on maintenance by way of an interim order, there is no right of appeal.

• 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
  • Meaningfulness of the claimant
  • Ability to pay on the part of the other party to the claim
• Responsible: locally competent district court - family court

• District Court – Family Court
• The local court responsible for you – family court – will determine the lawyer you have instructed.

Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance required: if ordered