If you live separately as spouses, one spouse can demand reasonable maintenance from the other even before the divorce. The same applies if you live in a civil partnership. If no mutual agreement can be reached on separation maintenance for the needy partner, this can be claimed before the family court.

Before you decide to apply to the court, you should give the person obliged to pay maintenance the opportunity to pay the maintenance owed voluntarily.

The living conditions during the marriage or registered civil partnership are decisive for the calculation of reasonable maintenance (living, income and financial circumstances). In order to calculate the amount of maintenance, the net income of the spouses relevant to the maintenance must be determined. Certain items are deducted (e.g. child maintenance). A bonus for gainful employment is also taken into account in order to compensate for the additional professional expenses of the person obliged to pay maintenance. The calculated amount is divided in half (half-sharing principle). The person obliged to pay maintenance must retain a certain minimum amount (deductible).

The separated spouses are obliged to provide each other with information about their income. In the event of a refusal, the relevant information can be claimed by way of an action for information.

In any case, you should seek advice from a lawyer before submitting an application. The details of maintenance law are complex, so expert advice is highly recommended.