Determination of divorce maintenance
This service is provided by the judiciary.
If you and your former partner are legally divorced and you are unable to support yourself, you can demand reasonable maintenance from your partner.
Description
If you and your divorced partner are unable to agree on an appropriate amount of maintenance, you can assert your claim for maintenance in court. The procedure for such court proceedings is essentially based on the provisions applicable to civil proceedings.
The divorcee's maintenance claim iscalculated in accordance with the recognized principles of maintenance calculation, which fill out the undefined legal terms of maintenance law. For details, please contact a lawyer.
Further information can also be found in the maintenance law guidelines of the higher regional courts.
Competent office
The local court - family court - responsible for you will determine the lawyer you have appointed.
Contact point
Please contact a lawyer.
Contact person
Required documents
- Proof of income, assets and personal and financial circumstances
Forms
None
Prerequisites
In principle, you and your former spouse are initially obliged to provide for your own maintenance after the divorce. If you are unable to do so after the divorce, you can assert a maintenance claim in accordance with the statutory provisions, provided the following conditions are met:
- the spouses are legally divorced,
- A statutory maintenance claim exists, e.g. maintenance due to childcare, old age, illness, unemployment,
- Entitlement existed at the time of the divorce,
- Need according to the marital living conditions,
- You must be in need (your income and payment obligations as well as your obligation to work are decisive here),
- the other party must be able to pay,
- For details, please contact a lawyer.
Basis for legal action
- §§ 1569 ff. German Civil Code (BGB)
- § Section 111 no. 8 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- § Section 112 No. 1 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- § Section 113 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- § Section 231 (1) no. 2 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- §§ Sections 232 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) on jurisdiction and the parties' duty to provide information
- §§ Sections 232 et seq. of the German Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
Legal remedy
Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer
Procedure
An application to assert a claim for divorce maintenance can only be made by a lawyer.
- The further course of the court proceedings is essentially based on the regulations governing civil proceedings.
- The court can order you and your former spouse to provide information about your income, assets and personal and financial circumstances. If you or your former spouse do not comply with this order, the court can make independent inquiries, e.g. with employers or insurance companies.
Deadlines
No statutory deadlines
Processing time
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case
Costs
- Court costs
- lawyer's fees
- both depend on the amount in dispute
Notes (specifics)
The maintenance guidelines of the higher regional courts, e.g. the maintenance principles of the Frankfurt am Main Higher Regional Court
For information on the subject of divorce, see
Area of validity
Hesse
Official approval
Officially approved by Hessian Ministry of Justice on 22.06.2021
Keywords
Marriage