Sell the property or… rent it out?! Do what?!

Selling before, during or after the divorce is finalized.

Divorce Procedure

Divorce Process – Petition, Pension Equalization & Appointment – The process of a divorce depends significantly on whether it is contested or amicable. Consensual divorces can be final within minutes at the family court, while contested divorces often drag on for months.

• Divorce Procedure

Divorce: What happens to my property

Those who decide to get married and marry, in most cases, intend to spend life with their spouse forever and share everything that belongs to them. When getting married, no one thinks about the fact that there will eventually be a divorce and possibly even a dispute over belongings. But in 2017, the divorce rate in Germany was over 36 percent, which shows that unfortunately not all marriages last forever. Often cheating, daily life including routine or even financial problems are the reasons for divorce.

Questions, answers, tips and procedure for separation

When a divorce leads to a home sale, you should be well informed. Are you in the process of a divorce or would you like to file for one? Ideally, you have the opportunity to talk reasonably and objectively about the separation with the partner to be divorced? Then the question now becomes: who owns what? If you own a joint property such as a house, you should now ask yourself: who owns the house and how can this be divided after the divorce?

• Divorce: Sell property

Sell house fast

Selling a house quickly – Selling a house is a complex matter and involves many different steps. From the creation of an appealing advertisement to the valuation of the property and the subsequent legal steps, such as the purchase contract and the appointments with the notary. During all these steps, various points must be taken into account in order to complete the property sale as profitably and quickly as possible.

• Sell house fast

Renting and managing

Letting and managing in divorce.

Manage real estate despite separation

Separation pain – time for great happiness: marriage, children and a joint property. These are the dreams of many couples. But unfortunately, everything rarely works out the way you dreamed it would. It is not all too rare for life to throw a spanner in the works. Many people are devastated after a breakup and do not have the strength to even care about the division of the joint property. In such cases, it often makes sense to put the management of the joint property in the hands of an experienced real estate agent.

• Manage real estate despite separation

Rent out real estate

Important facts when renting out a house or apartment – Renting out a property can be a great side income, but it can also become your main job. Landlords have many responsibilities to the tenant and must take care of the property. However, if this is successful, a lot of profit can come from it.

How do I set the rental price correctly? How does my advertisement appear appealing? And how do I draw up a suitable and fair rental contract? All these questions are asked by a future landlord, because in order to successfuly rent out a property, a lot of expertise and experience is required. However, if you follow a few simple steps, you will make the leap to becoming a successful landlord and profit from the earnings.

• Rent out real estate

There is a lot to learn when it comes to renting. Take your time.

Law: Legal

Divorce legalities.

Divorce Law

Divorce law comes into play in the event of a divorce between spouses. This is regulated in §§ 1564 ff BGB (German Civil Code) and in § 111 FamFG (Law on Proceedings in Family Matters). Which regulations there are and how a divorce proceeds, you can find out now with us!

• Divorce Law

Divorce settlement

Divorce settlement agreement – If a divorce can no longer be avoided, it should at least be settled amicably between the two spouses. An amicable divorce is the easiest and most cost-effective for all parties involved. A divorce settlement agreement helps to make divorce by mutual consent as uncomplicated as possible and settles all the important issues relating to a divorce in advance. These usually include maintenance claims, the division of assets and custody of the joint children.

• Divorce settlement

Alimony, tax bracket, children

Divorce is no longer an exceptional situation these days. In 2017, around 38 percent of closed marriages divorced. In addition to the emotional roller coaster ride experienced by those affected, legal questions also tend to rob people of their sleep. What happens to the jointly acquired household goods? What about maintenance claims? What is to become of the joint house in which the couple lived together and wanted to grow old together?

• Alimony, tax bracket, children

Separation maintenance

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 is a big responsibility and separation can also have big legal and financial implications. So such a step should be well thought out and carefully planned. Good communication between the spouses is essential. The experts at Lukinski explain what you can expect when it comes to separation maintenance and how you can best deal with such a situation.

• Separation maintenance

Hardship divorce

A hardship divorce is a last resort. If there is such a valid reason for an immediate divorce without observing a separation year, it is possible to apply for a hardship divorce at a family court. However, these divorces are only the very last resort and are therefore the absolute exception.

• Hardship divorce

Name change

Change of name after divorce – Often, after a divorce, spouses wish to change their surname to bring closure to the divorce, or simply to resume their birth name. However, there are a few things to keep in mind when doing so, which are outlined in the Civil Code. To give you an overview of the most important facts, the experts at Lukinski explain the topic of name change after divorce in detail.

• Name change

Pension rights adjustment: pension after marriage

In most divorces, the equalisation of pensions must be carried out by the family courts. This regulates the entitlements and prospects of a pension due to old age or reduced earning capacity that the spouses have acquired during the marriage. Marriages of up to three years must apply for pension equalisation, all others can exclude it before the notary or structure it more closely.

• Pension rights adjustment

Pension entitlement

Pension entitlement after divorce – Those who want a divorce face many unanswered questions. One of them is the pension and how this is treated in the divorce. In this context, couples are confronted with the word pension equalization, which means nothing other than that the pension rights acquired during the marriage are divided between the spouses.

• Pension entitlement

Emotional

Emotional aspects of a breakup:

Separation with children

A separation involving joint children is a challenge for all concerned. Legal and organisational changes occur mainly for the parents, but the most important thing is probably the emotional burden and how the parents deal with these changes. Children should always be taken into account when separating and therefore certain behaviours must be observed.

• Separation with children

Grounds for Divorce

Life goals, infidelity, disputes – in every relationship there are different problems and thus also different reasons that speak for a separation or divorce. But often there are similar reasons, such as infidelity, violence, but also jealousy or drug abuse.

• Grounds for Divorce

Excerpt

A breakup is painful and requires patience and stamina from those involved. While emotions are running high, it is difficult to think clearly and to talk about the separate ways in the future. The question of the joint house and the spatial separation soon arises. At the latest after the divorce papers have been filed, the spatial separation is legally required for the separation year in order to carry out a legal divorce.

• Move out of the shared house

Separation year

Separation year – in every marriage there are crises. However, if these are insurmountable, it often comes to separation and the desire for divorce. However, before this can be made legally binding, the couple must go through a separation year. But why is this separation year needed at all and how does the divorce proceed after the year?

• Separation year

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

Buy equipment in the garden center: Garden furniture, plants and decoration

No matter what plan you have forged for your garden, a visit to a garden centre is always worthwhile. Here you can buy everything from garden furniture to beautiful plants and flowers to beautiful decorations. What’s more, you can not only buy new things for your garden at the garden centre, but you also have the opportunity to get advice from expert staff or be inspired by the decorations on display.

Add character to the garden through decoration

The way you decorate your garden lets people know more about you. It will quickly become clear whether you prefer a romantic mood through noble decorations and many candlesticks in your garden, or whether you still tend to the country garden, which is typical for a mess of useful plants and beautiful flowers. Make your garden your own realm where you can feel completely at home. If you don’t know how you want to design your garden yet, at the very bottom of the article you will find three videos that present decorating ideas. A visit to a garden centre can also be useful, because there you can not only get advice, but also be inspired by the decorations on display.

The garden furniture – lounge, Hollywood swing or lounger

Choosing the right garden furniture is not always easy. It should always be well thought out, because through the furniture you determine how you spend your time in the garden. With a lounge, it is predetermined that you will mostly sit comfortably with your family, drink coffee and eat cake. If you choose a lounger, you can only relax and if you buy a dining table and chairs, it may be difficult to relax, but you can barbecue extensively in the garden. If you have a very large garden or enough storage space, you can of course buy several pieces of garden furniture. And even if you know exactly what kind of garden furniture you are looking for, the choice is still difficult, because there are many different materials, styles, colours and shapes. If you are at a loss on this topic, you can read our article that discusses the advantages and disadvantages of different types of garden furniture.

Read also:

• Turn your garden into an oasis of well-being: Furniture for your garden

Garden centre Berlin: The best recommendations

You come from Berlin and do not know with the huge selection of garden centers which is the right one for you? No problem, because we have selected the top 11 garden centers for you based on Google reviews. In this selection you will certainly find a garden center near you that meets your expectations.

The Holländer Plant Centre Garden Centre at Treptower Park

The garden centre “Der Holländer” has a pleasant selection of plants and flowers with good quality. Customers are generally well advised and served. With a rating of 4.4 stars, this garden centre is right up there. If you should have a free day ahead of you, you can combine a visit to this south-west facing garden centre with an extensive picnic and walk in Treptower Park.

• At Treptower Park 71
  12435 Berlin
• Phone: 030 53002877
• The Dutchman Website
• The Dutchman Facebook
• The Dutchman Instagram

Garden centre Holland, Märkisches Viertel

The Holland garden centre in the Märkisches Viertel is also very popular. The selection of plants and flowers is particularly often praised. Some customers were of the opinion that there are also plants here that are very difficult to get. In addition, the store is always well sorted and tidy, so you can quickly find your way around. If you are looking for something special that you don’t often see, then you should visit the Holland garden centre.

• Wilhelmsruher Damm 61
  13439 Berlin
• Phone: 030 4151445
• Garden Center Holland Website
• Garden Center Holland Facebook

Garden centre in Tegel GmbH

The garden centre in Tegel convinces with a reasonable price-performance ratio. Customers also describe the advice given by the staff as excellent. Open questions or consultations are answered honestly by knowledgeable employees. Especially if you come from the north or west of Berlin, the garden centre in Tegel could be the right place for you.

• Seidelstrasse 24-28,
  13507 Berlin
• Phone: 030 4354677
• Garden centre in Tegel GmbH Website
• Garden Center in Tegel GmbH Facebook

Gartencenter Brenke Flowers Plants Specialty Market

Rating: 4.5 / 5.5

• Main street 3
  13127 Berlin
• Phone: 030 4742010
• Gartencenter Brenke Website
• Garden Center Brenke Facebook

Wegener nursery

Rating: 4.4 / 5.0

• Mohriner Allee 99-109
  12347 Berlin
• Phone: 030 7034148
• Nursery Wegener Website
• Wegener Nursery Facebook
• Wegener Nursery YouTube

Green Dutchman Plant Center & Garden Center Berlin-Reinickendorf

Rating: 4.2 / 5.0

• Auguste-Viktoria-Allee 1
  13403 Berlin
• Green Dutchman Plant Center Website

PLAZA de FLORES

Rating: 4.5 / 5.0

• Mohriner Allee 52
  12347 Berlin
• Phone: 030 70370041
• PLAZA de FLORES Website

Garden centre Schmidt

Rating: 4.6 / 5.0

• Zepernicker Str. 3
  13125 Berlin
• Phone: 030 94633230
• Gartencenter Schmidt Website

Blumen Müller GmbH

Rating: 4.3 / 5.0

• Rosenthaler Weg 70
  13127 Berlin
• Phone: 030 4742807
• Blumen Müller GmbH Website

Plant market Rudow H Schriever u B Rutten GbR

Rating: 4.8 / 5.0

• Groß-Ziethener Chaussee 43
  12355 Berlin
• Phone: 030 66868842
• Plant market Rudow H Schriever u B Rutten GbR Website

Hermann Rothe Horticulture GmbH

Rating: 4.3 / 5.0

• Clayallee 282
  14169 Berlin
• Phone: 030 8111011
• Hermann Rothe Gartenbau GmbH Website

Berlin city map for directions

Garden Ideas: Designing, planting and digging

The right garden centre has been found, but the right design ideas are still missing? We have found three videos for you that might help. If you like to be creative and decorate your garden with homemade unique pieces, then you should definitely try out some of these ideas.

Build your own raised bed – This is how it works

In this video you will learn how you can build a raised bed from pallets. If you place such a bed in your garden, the eyes of all visitors will immediately fall on it. Due to the elevated position of the raised bed, it will catch the eye, which is why it makes sense to plant very special plants in this bed. If you have a somewhat larger garden, you could also consider creating two or three of these beds and design them differently.

Creative garden decoration

This video contains 8 creative decoration ideas. For the implementation you don’t need any special talent or materials that are hard to get, because they are everyday objects or even food. Prove to your family or friends that you do not necessarily have to spend a lot of money to make the garden look beautiful.

16 ideas in less than 13 minutes

That’s right, in less than 13 minutes you can learn 16 new garden ideas to make yourself in this video. However, you should allow a little more time to implement some of these ideas. There are all sorts of ways to get your plants planted and looking their best, and now you can find out what they are.

Divorce and pension – the facts about pension equalisation

There are many things to settle in a divorce. From custody to the division of assets to the pension equalization. The latter deals mainly with the pension that was acquired during the marriage and how this is divided fairly between the spouses.

The most important facts in a nutshell:

• In most cases, spouses acquire different levels of pension entitlements during the marriage period
• The aim of pension equalisation: to ensure that both spouses are equally well provided for in old age
• Only the entitlements acquired during the marriage period are taken into account in the pension rights adjustment.
• The period of marriage determines the amount of pension equalisation
• The longer the marriage, the higher the pension equalization
• Pension equalisation is automatically settled at the time of divorce for marriages that have lasted longer than three years. Marriages that have lasted less than three years must apply for pension equalisation.
• The spouses fill in a form giving details of the acquired pension rights.
• The court checks the figures with the pension providers after
• Waiving the pension equalization can be useful for both spouses in some cases

The principle – dividing pension entitlements

The pension entitlements are different for most married couples. This fact is due to the fact that one of the spouses has not worked for a certain period of time due to raising children, has been unemployed or has been employed in the public sector. To compensate for this difference, there is pension equalization, which is intended to ensure that both spouses have good retirement security. However, only the pension that was earned during the marriage period is taken into account. The pension earned is divided up in the divorce in such a way that both spouses leave the marriage with the same amount.

• In most cases, spouses acquire different levels of pension entitlements during the marriage period
• The pension rights adjustment provides for equally good pension security

The marriage period – relevant for the amount of the pension rights adjustment

Since only the pension entitlements that were acquired during the marriage are included in the pension rights adjustment, the marriage period is decisive for the amount of the adjustment. The marriage period runs from the beginning of the month in which the marriage was entered into until the end of the month preceding the service of the divorce petition. If the period of marriage is less than three years, no pension equalisation has to be carried out in the divorce unless one of the spouses insists on it.

Pension entitlements acquired during the separation period are also included in the pension rights adjustment. However, if the separation period is unusually long, it may be justified under certain circumstances to calculate the pension equalisation only for the period from the marriage until the separation. No pension equalization can be approved by the court only in divorces involving special misconduct. This case is when one spouse has massively threatened or injured the other.

• The period of marriage determines the amount of pension equalisation
• The longer the marriage, the higher the pension equalization
• Only the entitlements acquired during the marriage period are taken into account in the pension rights adjustment.

The practice – step by step to pension equalisation

The equalisation of pensions is automatically regulated in divorces where the marriage has lasted more than three years. The spouses receive a questionnaire in advance in which they must provide information on existing insurance policies and entitlements, state insurance numbers and disclose agreements on pension equalisation. These questionnaires are then returned to the court so that it can have the information checked with the pension provider. The various pension providers are required to provide the family court with their respective pension entitlements. The figures are then sent back to the spouses by the court so that they can check the figures and comment on the information if necessary. The pension equalisation is then determined at the divorce hearing in court.

• The pension equalisation is automatically settled at the time of divorce for marriages that have lasted longer than three years.
• The spouses fill in a form giving details of the acquired pension rights.
• The court checks the figures with the pension providers after

Pension rights adjustment – division of pensions in the event of divorce

Waiving the pension rights adjustment – useful in some cases

Depending on the individual situation, it may make sense not to have the pension equalisation settled by the court. If, for example, the costs of division are too high or if the settlement would lead to an unfair result, it is possible for the spouses to settle the settlement between themselves. If both partners agree to this, a settlement amount can be paid instead of the transfer of the entitlements or a consideration can be agreed. In the case of marriages with a marriage contract, the issue is usually settled from the outset, as the equalisation of pensions is stipulated in such contracts from the outset.

• The waiver can make sense for both spouses in some cases
• Marriages that lasted less than three years must apply for pension equalisation at the time of divorce.

The most important questions – everything about pension rights adjustment

The topic of divorce and especially pension equalization often raises many questions. Lukinski’s experts answer the most important questions on the topic of pension equalization in divorce so that you know exactly what is going on and no more questions remain unanswered.

What does pension equalisation mean in the event of divorce?

This is nothing other than the equalisation of pensions. This regulates how pension entitlements acquired during the marriage are dealt with after the marriage. The aim of pension equalisation is to ensure secure old-age provision for both spouses.

How much does a no-fault divorce cost?

The cost of a divorce depends on a number of factors. Some divorces are generally cheaper than contested ones, simply because they take less time. However, other factors include the assets of the spouses, which means that individual costs must be decided on a case-by-case basis.

What do you need for the divorce?

Whether the divorce is unanimous or contested, some documents are always needed. These documents include the marriage certificate or the family record book in the original or a certified copy, depending on the case, the birth certificates of minor children and, if available, the marriage contract or the divorce settlement agreement.

What does a divorce cost and who pays?

The amount of costs varies from divorce to divorce. The costs are generally set off against each other. So each party pays their own legal fees and half of the court costs. The exact amount of the legal costs is decided by the court and depends on various factors.

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

Child support and spousal support – the rules according to the law

The question of maintenance after a divorce is often not easy to clarify, especially if joint children are part of the marriage. Maintenance claims for the children can be asserted by the parent who looks after the children, but what about one’s own maintenance claims? When can claims for maintenance be asserted and when do they have to be paid and when not?

The conditions – strict rules after the divorce

In the period between separation and official divorce, there is a separation maintenance. This can be claimed by the spouse who earns less. However, if the divorce is final, other rules apply. In principle, both spouses should be able to support themselves after the divorce, but in practice this is rarely the case. In certain cases, there is a claim for maintenance. These include the care of the joint children, claims arising from old age, illness / infirmity or unemployment, but also top-up maintenance, educational maintenance and maintenance on grounds of equity.

Another requirement that arises according to the law is that the spouse who demands alimony must be needy and have a reason for demanding alimony. The spouse who is to pay alimony, however, must also be capable of performing, i.e. also be able to raise the alimony claim. In addition, the longer the marriage has lasted, the more likely there is to be a claim for maintenance.

• The spouse requesting maintenance must be needy and the spouse paying maintenance must be able to pay.
• A reason for maintenance must exist, otherwise no maintenance can be claimed

Who gets alimony and who has to pay it?

Maintenance is only paid to those who are in need. This means not being able to support themselves from their own income and assets. However, the spouse in need must actively try to find a suitable gainful employment in order to claim maintenance. It is considered reasonable if it is commensurate with education, age, ability, and health conditions. If the spouse receiving maintenance moves in with a new partner, the claim to maintenance may lapse in accordance with § 1579 no. 2 BGB.

Maintenance is only paid by the person who is able to pay. This means being able to pay alimony without jeopardizing his or her own reasonable livelihood. The spouse paying alimony must therefore always have a deductible remaining. According to the Düsseldorfer Tabelle, the monthly personal requirement without personal requirement amounts to 1,200 euros.

• The needy spouse may receive alimony if he or she cannot support himself or herself
• The capable spouse must support the other through alimony if it is possible for him/her to do so

Tips from the lawyer – video

The grounds for maintenance – care, supplementary and old-age maintenance

Maintenance can only be claimed after the divorce if one of the grounds for maintenance exists at the time of the divorce. If this only arises later, no maintenance can be claimed.

The maintenance

Childcare maintenance can be levied on the parent who has to look after children under the age of three after the divorce. According to the law, it is not reasonable to go to work in this context. Even if a daycare center or grandparents are available to provide partial care, the parent may choose to stay home. If the children are older than three years, the parent can be required to go back to work. Part-time work is absolutely permissible in this case in order to ensure sufficient care for the children.
In certain cases, however, there is still a claim here after the age of three. In the event of problems at school or illnesses of the child, childcare maintenance can also be claimed later. This is usually decided on a case-by-case basis.

Maintenance due to illness

If one of the ex-spouses is no longer capable of gainful employment due to illness, he or she may claim maintenance from the partner on the grounds of illness. The exact extent depends in detail on the type and extent of the health impairment. In any case, however, the illness must be documented by means of a medical certificate.

Supplementary maintenance

If the spouse who is obliged to pay maintenance has a higher and for the marriage formative income, a so-called top-up maintenance can become due from the partner. In order to claim this, one’s own income may not be sufficient to maintain the living conditions. The top-up maintenance is regulated in such a way that it is supplementary to further claims for post-marital maintenance, i.e. the difference is made up by the better-earning partner.

Unemployment benefit

A spouse who is unable to find suitable gainful employment after divorce may claim maintenance. However, such a claim can only be made if no maintenance for care or maintenance due to illness or old age is claimed. In addition, it must be proven that the person concerned has made a serious effort to find a job.

Old age maintenance

If an ex-spouse cannot find a job because of age, he or she can claim maintenance. What age is considered appropriate for this varies from case to case, but usually amounts to the standard age limits for statutory pensions. Younger people can also claim this maintenance by proving that they cannot find adequate work in the possible occupational fields due to their age.

Maintenance in equity

According to the law, it is also possible to demand maintenance if there are serious reasons for not being able to carry out gainful employment and it would be grossly inequitable not to receive maintenance. Precise guidelines as to when such a case occurs are not given and are decided differently from case to case.

Education maintenance

If an education was discontinued or not taken up in anticipation of the marriage, the spouse has the possibility to take up the education again after the marriage or to start it and to claim maintenance during the education. However, the education in this case should be necessary to obtain a suitable job. However, the duration of alimony is limited to the average duration of education.

The amount – so much alimony is entitled to the spouse

The amount of post-marital maintenance is always determined equally by both spouses. First, the income relevant for maintenance is calculated. From the gross income, taxes, social security contributions, reasonable professional applications of a flat rate of 5% and actual expenses for retirement provisions of up to 23% of the gross income are deducted. If the spouse pays child support, this must also be deducted. Of this value, a lump sum of three sevenths, i.e. just under 43%, is deducted as post-marital maintenance if the other is not gainfully employed. However, the person obligated to pay maintenance must be allowed to keep a minimum amount of 1200 euros as a deductible.

• The amount is always calculated in the same way for both separation and spousal maintenance
• Certain liabilities are deducted from the net income and from this the claim arises

The duration – so long must be paid alimony

There is no exact regulation in the law as to how long post-marital maintenance must be paid. In principle, however, there is no lifelong entitlement to maintenance. After the divorce, it is possible to limit the payments in time or to reduce them to zero, but only if it is just and equitable, which is checked by the family court in case of doubt. The determining factor for time limits on alimony is whether the dependent partner has suffered any disadvantages as a result of the marriage, such as a career setback due to caring for their children together or a low pension. Marriages that have lasted longer than 20 years often receive an unlimited maintenance claim.

• The duration is not clearly regulated in the law
• Depending on the duration and course of the marriage, there are different arrangements

The most important questions about alimony after divorce

The question of the financial situation after a divorce is always a topic of conversation. To avoid disputes arising from this matter, it is important to know the legal situation and the rights. Therefore, the experts of Lukinski answer all important questions about the topic of alimony after divorce.

How is post-marital maintenance calculated?

Post-marital maintenance is calculated from the gross income of both spouses, taking into account certain liabilities. Depending on the reason for maintenance, a different maintenance claim arises. The exact sums must be calculated individually in each case.

When do I have to pay alimony to my wife?

In short marriages (usually of two years or less), no alimony arises for the wife. In longer marriages, maintenance must be paid if one or more of the grounds for maintenance can be invoked. However, this varies greatly from case to case.

How long can a divorce drag on?

Divorces by mutual consent with pension rights adjustment are scheduled for a period of between four and six months. Without pension equalization, an amicable divorce is shortened to one to three months. However, if the spouses do not agree, divorces can drag on for a year or longer, depending on how quickly an agreement is reached.

How long do you have to pay separation maintenance?

Separation maintenance only has to be paid until the divorce is official. Separation maintenance is therefore limited to a period between separation and divorce.

What is spousal support?

Spousal maintenance is a transfer payment that must be paid by the higher-earning spouse during the separation and beyond the end of the marriage period. Spousal maintenance is regulated in the BGB.

Family law: divorce, separation year, lawyer and costs – Video

Divorce: children, house and procedure – Guidebook

Facts: Children, expiry and maintenance

• Hardship divorce
• Manage property
• Pension entitlement
• Divorce with child
• Divorce Procedure
• Divorce settlement
• Divorce Law
• Maintenance

Life: Reasons, separation year and name change

• Living apart
• Name change
• Grounds for Divorce
• Separation year

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