Receive divorced maintenance

Prerequisites

• You are legally divorced or your registered civil partnership has been legally dissolved.
• They are unable to provide for themselves.
• Your former partner is able to contribute to your livelihood from their income and assets without experiencing financial hardship themselves.

Depending on the circumstances of the individual case, further requirements may apply.

Documents required

• Proof of income, assets, and personal and financial circumstances
• possibly further evidence to be determined by the court
• If applicable, a written assurance that the information provided is truthful and complete.

Your lawyer will explain which documents are required in your specific case.

Please note

The local court does not provide legal advice. Please contact a qualified professional, such as a lawyer or notary public.

If you have limited financial resources, you can obtain advice from the Public Legal Information Office (ÖRA).

Deadlines

Maintenance payments can generally only be claimed for the future. Claims for past payments are only possible in certain exceptional cases.




If the court is to decide on maintenance together with the divorce proceedings, your application must be submitted no later than 2 weeks before the date of the divorce hearing.

Procedure

• In order to calculate maintenance payments accurately, information about the income and assets of the person obligated to pay maintenance is required. If you do not have this information, you can request it yourself in writing, ideally by registered mail.
• A lawyer can advise you on the most appropriate course of action in your specific situation.
• You appoint a lawyer to represent you.
• Your lawyer will explain the specific procedure to you and take the necessary steps for you.
• Your lawyer will submit an application to the competent family court at the local court.
  • It is not possible to submit an application without legal representation.
• The court gives the respondent the opportunity to raise objections to the application.
• The court requests the respondent to provide information about their income and assets and to state the extent to which maintenance can or should be paid.
• The court will inform you about the objections raised and the information provided.
• Based on this, the family court determines the amount of maintenance to be paid.

Processing time

Processing typically takes at least 3 months. Depending on the circumstances of the individual case, processing may take longer.




Proceedings for preliminary injunctions typically take three to six weeks to process. A preliminary injunction serves to quickly secure rights when regular proceedings would take too long. This procedure is only possible in exceptional circumstances. Your lawyer can provide you with more detailed information.

Fees

Court fees and legal fees will apply. Both depend on the amount in dispute. The actual costs vary considerably depending on the size of your claim and the course of the proceedings. You may be eligible for financial assistance in the form of legal aid.

Legal remedies

Complaint

Legal basis

Sections 111-114 of the Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__111.html


Sections 231-248 of the Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG)


www.gesetze-im-internet.de/famfg/__231.html


Sections 1569-1586b of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1569.html


Section 16 of the Civil Partnership Act (LPartG)


https://www.gesetze-im-internet.de/lpartg/__16.html