Divorce — key topics
Maintenance on Separation and Divorce
Maintenance is often the most pressing financial question of a separation – and a frequent source of conflict. Who gets what, for how long, and is it enough to live on? German law distinguishes three types, which work by different rules. We calculate your claim or your obligation transparently and realistically – so you have clarity instead of negotiating in the dark.
The Essentials at a Glance
- Separation maintenance runs from separation until the divorce is final.
- Post-marital maintenance is owed only under certain conditions (principle: self-responsibility).
- Child support follows the Düsseldorf Table.
- What matters: income, needs and ability to pay – with a protected minimum left to the payer.
- There is a mutual right to information about income.
- Child support takes priority over most other claims.
Separation Maintenance
For the period from separation until the divorce is final, the financially weaker spouse can claim separation maintenance. The benchmark is the marital standard of living – the lifestyle you had together.
This claim cannot be effectively waived for the future. As the separation lengthens, the weaker spouse can be expected to earn their own income.
Post-Marital Maintenance
After divorce the principle of self-responsibility applies – everyone is, in principle, expected to provide for themselves. Post-marital maintenance is therefore owed only under certain conditions, in particular because of
- childcare (care maintenance),
- age, where employment can no longer be expected,
- illness or infirmity,
- unemployment despite genuine efforts,
- too low an own income (top-up maintenance),
- or training that was forgone because of the marriage.
Such claims can be time-limited or reduced – depending on the length of the marriage, marriage-related disadvantages and the ability to stand on one's own feet again.
Child Support
Children have their own claim to support. The parent the child lives with contributes through care; the other pays cash support. The amount follows the Düsseldorf Table – graded by the paying parent's income and the child's age; half the child benefit is credited. Child support takes priority over most other maintenance claims. Adult children, for example in training, can still be entitled.
How Is the Amount Determined?
What matters is income, needs and ability to pay. The payer is always left a protected minimum (Selbstbehalt). This is complex in the individual case, because many factors feed in: the adjusted net income (after deducting certain items), a housing advantage where someone lives rent-free, deductible debts and other obligations. If the income does not cover all those entitled, a statutory ranking decides who is served first – children come first. We work it through cleanly for you, whether you are entitled or have to pay.
A new course
As circumstances change, maintenance can be adjusted – and a claim relied upon when it is properly secured.
Information, Adjustment, Forfeiture
So the calculation can be done correctly, there is a right to information about income; it can be enforced through the court if necessary. If circumstances change – a job change, unemployment, another child – maintenance can be adjusted. And in rare cases a claim can be wholly or partly forfeited, for example in cases of serious misconduct. We clarify which of these points are relevant for you.
What to Watch For
Preparation often decides the result. Assemble your income documents early – payslips, tax assessments, proof of debts and special burdens; this is the basis of any serious calculation. Make sure all relevant items are taken into account, such as a housing advantage or work-related expenses. Don't waive separation maintenance hastily – for the future it isn't effective anyway. Remember that maintenance can be adjusted on a material change; don't wait too long. And have an agreed amount titled (for example by a youth-welfare-office deed or a settlement) so that it is enforceable if needed.
How We Support You
We first determine the adjusted income on both sides, rank the claims and work the maintenance through transparently. From this we develop a fair, robust solution – amicable where possible, but firmly enforced in court if it comes to a dispute. We keep child and spousal maintenance in view together, so that a coherent overall picture emerges and one adjustment does not undo another. And we make sure agreed maintenance is properly titled, so it can be relied upon and, if necessary, enforced.
Frequently Asked Questions
How long do I receive separation maintenance?
In principle from separation until the divorce becomes final.
Do I automatically receive maintenance after the divorce?
No. Self-responsibility applies; post-marital maintenance requires a ground (e.g. childcare, age, illness).
How much child support must I pay?
It follows the Düsseldorf Table by income and the child's age – minus half the child benefit and subject to the protected minimum.
What is the protected minimum?
The amount that must remain to the payer for their own needs. It varies by type of maintenance.
What if the other hides their income?
There is a right to information; it can be enforced through the court if necessary.
Does my housing advantage count as income?
Anyone living rent-free in their own home may have a housing advantage attributed as income – which affects maintenance.
Can maintenance be changed later?
Yes. On a material change in circumstances, an adjustment is possible.
Do I have to pay for adult children too?
Possibly, for example during training. Then both parents often share proportionately.
Can I waive maintenance?
Separation maintenance cannot be waived for the future; post-marital maintenance can be regulated by contract within limits.
Can maintenance be forfeited?
In rare cases, yes – for example in cases of serious misconduct. We assess whether that applies in your situation.
Your next step
Tell us about your situation
We listen, make sense of it and show you your options — confidential and on equal terms. Your enquiry is free and without obligation.