Apply for separation maintenance

Prerequisites

• They live permanently separated.
• Without financial support through spousal maintenance, they cannot support themselves, or cannot support themselves sufficiently.
• Your opposing party is financially able to pay you separation maintenance.

Depending on the circumstances of your case, further requirements may apply. A lawyer can provide you with more detailed information.

Documents required

Proof of income, assets, and personal and financial circumstances

The court or your lawyer may request further documents. This depends on your individual case.

Please note

Separation maintenance refers to support payments made before a divorce. Maintenance payable after a divorce or dissolution of a civil partnership must be claimed in a separate legal proceeding.

Furthermore, the extent to which you are obligated to work will be examined. During the separation period, you are generally not expected to immediately take up full-time employment if you previously had no or only limited employment. However, you may be required to pursue or increase reasonable employment if possible. All these aspects are crucial in determining whether you are entitled to spousal support and, if so, how much.

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

You must assert your claim in a timely manner during your separation period. Retroactive maintenance payments are only available under certain conditions.

Procedure

• Before applying for separation maintenance in court, you should try to reach an out-of-court settlement with your spouse or partner.
  • If the person liable for maintenance payments voluntarily pays you separation maintenance, you do not need a court case.
• It is best to seek legal advice when attempting to reach an agreement.
• If you cannot agree on the amount of spousal support, you must file an application for a determination of spousal support with the court. For this, you will need to hire a lawyer.
• The court serves the application on the respondent.
• The respondent shall be given the opportunity to comment.
• The court may require the parties involved to provide information about their income and assets.
  • If you fail to comply with this obligation, the court can independently obtain information, for example from employers, the employment agency or insurance companies.
  • Information can also be obtained through a legal action for disclosure.
• A hearing often takes place in court.
• The court is once again trying to encourage you to reach an agreement.
• If they cannot reach an agreement, the court will make a decision in the form of a judgment.
  • When determining the amount of spousal maintenance, the court takes into account your own income and fixed financial obligations, such as rent, loans or maintenance payments.
  • For the calculation of maintenance payments, the income and asset situation during your marriage or registered civil partnership is decisive.

Processing time

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

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.

Legal remedies

Complaint

Legal basis

Section 1361 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1361.html


Section 111 No. 8 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


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


Section 113 paragraph 1 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__113.html


Section 114 paragraph 1 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__114.html


Section 231 paragraph 1 number 2 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


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


Section 269 paragraph 1 number 9 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


www.gesetze-im-internet.de/famfg/__269.html


Section 270 of the Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG) for matters relating to registered partnerships


www.gesetze-im-internet.de/famfg/__270.html


Sections 232 et seq. of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on the jurisdiction and disclosure obligations of the parties involved


www.gesetze-im-internet.de/famfg/__232.html