Claim separation maintenance

Service Description

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 amicable agreement is reached on separation maintenance for the needy partner, this can be claimed before the family court.

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

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

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

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

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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