Receive maintenance during the separation phase

Prerequisites

• They live permanently separated.
• The claimant is in need.
• The decisive factors are the income and payment obligations of the partner requesting maintenance and the obligation to be employed.
• The defendant is capable of paying.

In any case, you should seek advice from a lawyer before submitting your application.

Documents required

Please note

Separation maintenance is maintenance for the period before the divorce. Maintenance that is to be paid after a divorce or dissolution of the civil partnership must be claimed in a separate procedure.

Please note:
Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

You must assert your claim in good time during your separation phase. You are only entitled to maintenance retroactively under certain conditions.

Procedure

• An application for separation maintenance can only be made by a lawyer.
• The further course of the court proceedings is essentially governed by the provisions of civil procedure.
• The court serves the application on the respondent, who is given the opportunity to comment.
• A hearing often takes place in court.
• The court can require the parties to provide information about their income and assets. If the parties do not comply with this obligation, the court can independently make inquiries, for example from employers, the employment agency or insurance companies.
• If the parties cannot agree on maintenance, the court will make a decision.

Processing time

At least 3 months due to the prescribed procedure, in more complex procedures possibly longer, depending on the individual case.

Fees

• Court costs


• Legal fees

Both depend on the value in dispute.

Legal remedies

Complaint against the family court decision within one month by a lawyer

Legal basis

• § 1361 German Civil Code (BGB)


• Section 111 No. 8 of the Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for matrimonial matters and maintenance matters


• Section 113 para. 1 of the Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for matrimonial matters Family disputes


• Section 114 para. 1 of the Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for matrimonial matters Family disputes


• Section 231 paragraph 1 no. 2 of the Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• Section 269 para. 1 no. 9 Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for civil partnership matters


• § 270 Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for civil partnership matters


• §§ 232 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on the jurisdiction and information obligations of the parties involved