Who is Johnny Mananas from after the divorce
Post-marital maintenance: amount and duration of the possible maintenance payment
When it comes to separation and divorce, there is hardly any other issue that leads to disputes as quickly as when it comes to maintenance. How much do I have to pay? How long do i have to pay? Who do I have to pay maintenance to anyway? In addition to the children, ex-spouses can usually also make maintenance claims - and not only during the year of separation, but sometimes even after the final divorce. In the following, you will find out when post-marital maintenance is to be paid and when claims may be waived.
The most important things in a nutshell: Post-marital spousal support
Do you still have to pay child support after the divorce?
Post-marital solidarity can also justify claims to spousal maintenance after the divorce has become final. Two aspects are decisive here: Is one of the maintenance conditions specified in the German Civil Code (you can find out which ones exist here)? Was it a short, non-formative marriage (when that can be the case, read here)?
How long does post-marital maintenance have to be paid?
The length of time for which the person liable for maintenance has to pay maintenance to the ex after the divorce cannot be determined in a lump-sum. The individual case decides. In case of doubt, post-marital maintenance is to be paid until the maintenance event on which it is based has been lifted. This means that the entitlement can also exist for life under certain circumstances.
How much is post-marital maintenance actually?
When calculating post-marital maintenance, the 3/7 or difference method is generally used. You can find out how you can generally calculate the maintenance claim here.
Post-marital solidarity establishes claims for maintenance after the divorce
Do you want to know how much maintenance you have to pay? Our maintenance calculator can provide an initial orientation:
You can find more guides on post-marital maintenance here:
Post-marital alimony: calculation of entitlements
How much post-marital maintenance is to be paid according to the BGB?
How much post-marital maintenance is to be paid depends largely on according to the income situation of the ex-spouses. If there is a claim, the calculation often comes with the so-called difference methodto use:
- The adjusted monthly net income of both ex-partners is compared.
- The difference between the two incomes is determined.
- The spouse with the lower income can generally claim 3/7 of this difference as maintenance.
Paul and Paula got divorced. Paul has to pay Paula post-marital alimony because she looks after their child, who is under three years old. Paul has an adjusted net income of € 2,400 per month. Paula has an adjusted net income of 1,000 euros per month.
The difference between the income of Paul and Paula is 1,400 euros. Paula can now claim post-marital childcare support amounting to 600 euros (3/7 of 1,400 euros) from Paul.
An illustration of the difference method can also be found in the infographic below:
Graphic for the difference method: How the maintenance for the ex can be calculated!
How long does post-marital maintenance have to be paid? Duration of the claims
Post-marital maintenance: There is no new law stipulating the duration. How long do you have to pay now?
Is post-marital maintenance subject to a time limit? Not per se. The law basically gives no fixed deadlines for how long post-marital alimony is to be paid. The respective one always decides here Individual case. In case of doubt, a claim can be made even to death of the maintenance creditor or maintenance debtor continue to exist. But are there perhaps guidelines from court decisions that have already been made?
Basically, the duration for which post-marital maintenance is to be paid is determined by after the existence of a maintenance stand. Is the The basis for the maintenance claims is no longer given, the entitlement is usually not applicable. This means, for example: If you have to pay maintenance because your ex-partner is unemployed, the entitlement can be canceled (or at least reduced) when your ex goes back to work.
When does post-marital maintenance have to be paid? Requirements for claims
In principle, every spouse is required after the divorce, to provide for his own livelihood (cf. 1568 BGB). But that doesn't always work. As a rule, it depends on whether post-marital maintenance is still to be paid after the final divorce depends on three main factors:
- The dependent is needy, can therefore not cover its own needs.
- The maintenance debtor is powerful, can therefore pay for maintenance payments.
- One of those named in the BGB Maintenance is satisfied.
What, please, is a maintenance requirement? The German Civil Code (BGB) specifies which constellations can justify post-marital maintenance:
Does post-marital maintenance also have to be granted because of mental illness?
- Care maintenance (§ 1570 BGB): If your ex-partner is looking after their child and the child has not yet reached the age of three, there is usually a maintenance claim. In this case, too, the obligation to gain employment does not apply. It can even be held for much longer if your child together has an increased need for care (e.g. due to a disability or illness). Incidentally, this is the only maintenance claim that affected parents can assert even if they were not married.
- Inability to work due to old age (§ 1571 BGB): The obligation to work generally ceases to apply when the employee reaches retirement age. So if your ex-partner has already reached retirement age, he can no longer be required to go to work in order to provide for his own livelihood. If his pension is insufficient, post-marital maintenance may have to be paid.
- Inability to work or reduced due to illness (§ 1572 BGB): It is possible that post-marital maintenance has to be paid due to illness or other circumstances that make it impossible for the dependent person to be gainfully employed. It does not matter whether this illness is of a psychological or physical nature. This means: Post-marital maintenance may also be required in the event of mental illness.
- Unemployment (§ 1573 Abs. 1 BGB): Dependent persons are generally obliged to provide for their own livelihood sooner or later (employment obligation). So if one of the ex-partners is unemployed, they are usually encouraged to look for a suitable job at the latest with the divorce. If he can prove these serious efforts, he is usually entitled to post-marital maintenance to bridge the gap.
- Top-up maintenance (Section 1573 (2) BGB): If the ex earns too little to cover his or her own maintenance needs despite honest efforts, he can also often demand post-marital maintenance to top it up.
- Training (§ 1575 BGB): If the ex-husband is still in training at the time of the divorce, he does not have to break it off just to meet his employment obligations. He is entitled to complete the training, as this also means future financial security (taking up an appropriate job to cover his own needs).
- Reasons for equity (§ 1576 BGB): In principle, other circumstances can also justify post-marital maintenance. The individual case has to be weighed up.
What influence does the duration of the marriage have?
Post-marital maintenance: The length of the marriage can also have an impact.
In addition to maintenance, however the duration of the marriage also have an influence on ithow long post-marital alimony is to be paid. But is there no post-marital alimony if a brief marriage ends in divorce? And how long does post-marital maintenance have to be paid after 20, 30 or 40 years of marriage? There are no blanket solutions in these cases either.
Often a maintenance claim can be waived after the final divorce if the Marriage less than three years lasted a long time. But it doesn't have to be that way! Was the Formative for the marriage periodIf there have been significant financial or other changes, a claim to post-marital maintenance can arise even after a marriage of only two years. In family law, the Individual case. If there is a dispute, in case of doubt a court must decide whether or not post-marital maintenance is to be paid.
What about the time limit? Does post-marital alimony have to be paid forever in the event of a long marriage? There can be no general answer to this question either. It is possible that after 15, 25 or 35 years of marriage, post-marital maintenance is only payable for four years. However, the claim can also extend far beyond this. Last but not least, the decisive factor is on what basis post-marital maintenance is to be granted.
No post-marital maintenance: forfeiture of claims possible
In individual cases, a claim to post-marital maintenance can also be forfeited. This means: Although a maintenance claim would exist in purely legal terms, this can be refused. As a rule, there must be gross inequity - the maintenance debtor cannot be expected to pay maintenance to the spouse. But when can it happen? Here are a few Examples:
- Willful maintenance entitlement (e.g. by quitting the job)
- severe abuse (also of their children)
- severe domestic violence
- Misappropriation of common funds
- other offenses against the maintenance debtor
But there are no guarantees here either! In the event of a dispute, the competent family court must decide whether post-marital maintenance should be withheld or granted. For those affected, the decision does not always appear to be fair. Courts, however, must maintain the objective, purely legal perspective.
When can the entitlement to post-marital maintenance expire retrospectively?
Post-marital maintenance for spouses: when does the entitlement cease to exist?
Not only the culpable behavior of one partner towards the other can nullify claims to spousal maintenance:
- Is there no post-marital maintenance if there is a new partner? No, not necessarily. The decisive factor is whether it is a marital or illegitimate partnership. However, if the person entitled to maintenance remarries, the maintenance obligation is usually transferred to the new spouse. Post-marital maintenance is usually no longer payable by the former spouse.
- Does post-marital maintenance have to be paid even after the obligated person retires? The decisive factor here is usually the amount of the pension. The pension payment is maintenance-related income. It would then have to be clarified on a case-by-case basis whether the obligation to pay does not apply or whether the amount of maintenance is merely to be adjusted.
- Is post-marital maintenance also to be paid when receiving Hartz IV? Maintenance debtors are usually obliged to guarantee the payment of maintenance claims. This also means that they have to try to find a job. If the maintenance debtor suddenly receives Hartz IV, for example because he quit his job to avoid payments, maintenance can also be calculated on a fictitious basis in case of doubt.
Can you also do without post-marital maintenance?
Post-marital maintenance: A waiver in order to avoid disputes is only possible to a limited extent.
If there is a claim to maintenance, it is ultimately up to the claimant to assert this. A waiver can sometimes be declared in the marriage contract and the consequences of divorce agreement. Post-marital alimony can, however in case of doubt, third parties are also entitled.
Is the ex-partner for example dependent on social benefits like Hartz IVbecause he waives his maintenance claim, job centers & Co. can alternatively claim the money. Because: Maintenance claims must always be given priority over social benefits. Not every declared waiver is therefore also effective at the same time.
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