Separation maintenance: Financial support even after separation

It happens more often than you might think. After a few years of marriage, couples find that things are no longer working as they should and thoughts of separation come up. However, marriage means a lot of responsibility and also a separation can result in big legal and financial implications. So such a step should be well thought out and carefully planned. Good communication between the spouses is essential. We will explain to you what you have to expect in terms of separation maintenance and how you can best deal with such a situation. Back to the guide: Divorce & Real Estate.

All the facts – alimony in separation and divorce

Separation maintenance is payable for the period between separation and divorce. However, the payment of separation maintenance is subject to certain conditions. Moreover, separation maintenance is not calculated automatically, but must be applied for separately. But when is there a claim to separation maintenance? How much is it? And what about maintenance after the divorce?

The most important at a glance:

• In order to claim separation maintenance, a number of requirements must be met. The spouses must live separately from each other and one of the two must be needy and the other must be able to perform.
• Separation maintenance is calculated according to the adjusted net income of the spouses. This is calculated with reference to many different financial factors
• Separation maintenance is generally payable for the period from separation to divorce and is intended to ensure a similar standard of living for both partners even after separation.
• Even if the separation maintenance ceases after the divorce, the maintenance obligation does not also end automatically. Post-marital maintenance must be applied for again separately after the divorce.

When is there a claim to separation maintenance?

As long as a marriage exists, the spouses are also responsible for each other, even if they live separately. This refers especially to the financial aspect, as this changes significantly for both partners after a separation. Generally speaking, the person who cannot support themselves is entitled to separation maintenance, but this only applies if the other partner earns enough money to be able to pay maintenance at all. However, these rules are subject to certain conditions.

Living apart from each other

A prerequisite for receiving separation maintenance is that both partners live separately from each other. This is possible both in separate dwellings and in the same dwelling. The decisive factor is that both partners run a separate household from each other. Things such as shopping or eating meals together are therefore done separately from each other. When separating, it is also important to record the exact date, both for determining the separation year and for other legal consequences of the separation. A document signed by both partners with the date and content of the separation is therefore helpful for taking further legal steps.

The neediness of a partner

The partner who demands separation maintenance must be needy according to the law. There are no fixed framework conditions for this principle. The decisive factor is the income of both spouses that was achieved during the marriage. The aim is that the person entitled to maintenance should be able to maintain a similar standard of living during the separation as before the separation. This arrangement is particularly important for spouses where one of them has not worked during the marriage and has no income of his or her own.

The performance of the partner

In order for the person entitled to maintenance to be able to claim maintenance at all, the partner must be able to pay. This means that the partner must be able to pay maintenance without jeopardising his or her own reasonable livelihood. The paying partner must have a deductible after deducting the maintenance. If this is less than 1,200 euros per month or if the paying partner only receives unemployment benefit I or II, he or she does not usually have to pay separation maintenance.

If all these conditions are met, one of the spouses is entitled to separation maintenance. However, this must be applied for and is not automatically paid to the spouse in need.

• In order to claim separation maintenance, a number of conditions must be met
• The spouses must live separately and one of the two must be indigent and the other must be able to pay.

How is separation maintenance calculated?

In general, each spouse is entitled to half of the total disposable income, but the working spouse receives a kind of employment bonus amounting to one seventh of the income. The maintenance claim therefore amounts to three sevenths of the adjusted net income of the spouse according to the Düsseldorf table. However, this calculation is only applied if the maintenance recipient does not generate any income of his or her own. However, if the recipient of maintenance is gainfully employed himself, the maintenance amounts to three sevenths of the difference between the two adjusted net incomes. If both partners work, the maintenance claim is lower.

However, the law does not provide a uniform rule for calculating the adjusted net income on which the amount of separation maintenance is based. In determining this income, the family courts are guided by guidelines issued by the competent higher regional court. To determine this, a large number of factors are usually added together and an average monthly income is calculated from this for the time during the marriage. Here, not only the income plays a role, but also factors such as back taxes, income from renting or leasing and Christmas and holiday bonuses.

• The separation maintenance is calculated according to the adjusted net income of the spouses
• Adjusted net income is calculated with reference to many different financial factors

How long is there entitlement to separation maintenance?

Separation maintenance is generally calculated from the time of separation until the divorce. How long the separation lasts is not important. In certain cases, however, the obligation to pay maintenance can also end earlier. For example, if the spouse entitled to maintenance earns enough money himself or herself and is no longer dependent on maintenance, if the spouse entitled to maintenance lives permanently with a new partner or if the spouse entitled to maintenance has committed a serious criminal offence against the other. In these cases, it always depends on the individual situation.

• Separation maintenance is generally payable for the period from separation to divorce
• Separation maintenance is intended to guarantee both partners a similar standard of living even after separation

Maintenance after divorce – spousal maintenance and separation maintenance

The right to separation maintenance expires with the divorce, but this does not mean that the obligation to pay maintenance ends. After the divorce, maintenance can still be claimed, namely post-marital spousal maintenance. This is usually even the same amount, unless the income situation has changed with the divorce. However, it should be noted that post-marital spousal maintenance must also be applied for separately and is not paid automatically, even if separation maintenance was previously paid!

• Even if the separation maintenance ceases after the divorce, the obligation to pay maintenance does not end automatically.
• Post-marital maintenance must be applied for again separately after divorce

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide