Spousal Maintenance after Divorce in Germany: Everything You Need to Know

Introduction

Divorce does not only mean the end of a marital relationship; it also opens the door to a wide range of legal questions, especially regarding financial rights. One of the most important questions is: Does one of the spouses have a right to maintenance? Under what conditions? And is maintenance permanent or only temporary?

In this article, we provide a comprehensive overview of spousal maintenance after divorce (nachehelicher Unterhalt) under German law.

What is spousal maintenance after divorce?

Spousal maintenance after divorce refers to a financial payment made by one spouse to the other after the marriage has ended, in order to secure the living expenses of the spouse who cannot sufficiently support themselves.

This type of maintenance is different from child maintenance (Kindesunterhalt), which focuses exclusively on the needs of the children. Spousal maintenance concerns only the adult ex-partner.

Who is entitled to claim maintenance?

According to §§ 1570–1576 of the German Civil Code (BGB), a divorced spouse (husband or wife) may claim maintenance if one of the following situations applies:

• Caring for minor children after the divorce

• Illness or disability

• Old age or a long interruption of employment

• Completing a course of education or vocational training that was postponed because of the marriage

• Difficulties in reintegrating into the labor market after the divorce

• A prior contractual agreement between the spouses (for example in a prenuptial or marital agreement)

Guiding legal principles

1. Financial independence – duty of self-support

   German law imposes on both spouses the obligation to try to support themselves after divorce. Spousal maintenance is therefore an exceptional solution and not the general rule.

2. Need (Bedürftigkeit)

   The spouse claiming maintenance must prove that they are financially unable to cover their basic living costs on their own.

3. Ability to pay (Leistungsfähigkeit)

   The other spouse is only obliged to pay maintenance if they are financially able to do so, after deducting their own necessary living expenses and other obligations (such as child maintenance).

Types of spousal maintenance after divorce

Duration of maintenance

There is no fixed statutory duration for spousal maintenance. The duration is determined by the court on a case-by-case basis and depends, among other things, on:

• The age of the spouse claiming maintenance

• Their physical and mental health

• The age and care needs of the children

• The employment opportunities available

• The length of the marriage

• Any prior agreements between the spouses

In many cases, maintenance is granted for a limited period and gradually reduced until financial self-sufficiency is achieved.

When does the maintenance obligation end?

The right to spousal maintenance may end in particular in the following situations:

• The spouse receiving maintenance remarries

• There is a significant improvement in the financial situation of the maintenance recipient

• The children reach an age where they no longer require intensive care

• The death of either of the ex-spouses

How is the amount of maintenance calculated?

There is no fixed amount defined by law. In practice, the amount is calculated based on:

• The net income of the spouse who is obliged to pay

• The minimum subsistence level or basic needs (Grundbedarf) of the recipient

• Other financial commitments (such as children, loans, previous maintenance obligations)

In some situations, a so-called 3/7 formula is used as a starting point: the maintenance may be calculated as roughly 3/7 of the difference between the spouses’ incomes. This is, however, only a guideline and not a rigid rule.

Can the spouses agree on maintenance out of court?

Yes. The ex-spouses may conclude a voluntary and notarized agreement (Scheidungsfolgenvereinbarung) which regulates:

• The amount of maintenance

• The duration of payments

• Other relevant conditions

The agreement must be fair. If it is extremely one-sided or clearly disadvantages one party, it can be challenged in court at a later stage.

The role of the court in disputes

If the spouses cannot reach an agreement, the family court (Familiengericht) intervenes. It examines:

• Evidence of income

• Assets and overall financial situation

• Personal and professional circumstances of both parties

On this basis, the court issues a binding decision. In most cases, this decision can be appealed to a higher court.

Legal aid and cost assistance

If a person cannot afford a lawyer, they may apply for legal aid for court proceedings (Verfahrenskostenhilfe), especially in cases of low income or where children are involved. This enables financially weaker parties to enforce their rights in maintenance proceedings.

Frequently asked questions

Does maintenance continue for life?
Only in rare cases – for example in situations of permanent incapacity to work or at an advanced age without any own income – can maintenance be granted for an indefinite period.

Can the husband also claim maintenance?
Yes. The law does not distinguish between men and women in this respect. What matters is need and ability to pay, not gender.

Does the length of the marriage affect the right to maintenance?
Yes. The longer the marriage lasted, the higher the likelihood that maintenance will be granted – and often for a longer period.

Are there penalties for refusing to pay maintenance?
Yes. If there is an enforceable title (for example a court decision), payment can be enforced by legal means, such as garnishment of wages or seizure of assets. Additional enforcement measures can be initiated before the competent execution courts.

Conclusion

Spousal maintenance after divorce in Germany is not an automatic right. It is subject to clear and detailed conditions that aim to strike a balance between fairness and the principle of financial self-reliance.

It is crucial to understand one’s rights and obligations accurately and to document all agreements carefully in order to protect both parties after separation. It is strongly recommended to seek legal advice before asserting or rejecting any financial claims after divorce.

The editorial team of the website strives to provide accurate information through intensive research and consultation of multiple sources. Nevertheless, errors may occur or some information may be incomplete or uncertain. Therefore, the information contained in the articles should be regarded only as an initial point of reference. For binding and individual information, it is always advisable to contact the competent authorities or qualified professionals.