Determination of separation maintenance

If you are married or in a registered partnership but live separately, you can claim appropriate maintenance from your partner before the divorce.

If you cannot agree on an appropriate amount of maintenance with your separated (spouse or life) partner, you can assert your separation maintenance claim in court. The conduct of such court proceedings is essentially governed by the rules applicable to civil proceedings.

The separation maintenance claim is calculated according to the recognised principles of maintenance calculation, which fill in the vague legal concepts of maintenance law. For details, please contact a lawyer.

Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

The district court responsible for you – family court – determines the lawyer appointed by you.

Please contact a lawyer.

• Proof of income, assets and personal and economic circumstances

• Forms: none
• Online procedure possible: no
• Written form required: yes
• Personal appearance required: yes

In principle, a claim for separation maintenance presupposes that:

• the spouses or partners live separately,
• the need for marital living conditions is determined,
• the applicant is in need (the income and payment obligations of the person seeking maintenance as well as the obligation to work are decisive.)
• the defendant is capable.

For details, please contact a lawyer.

Complaint according to §§ 58 ff. FamFG against the family court decision within one month by a lawyer

An application for separation maintenance can only be filed by a lawyer.

• The further course of the judicial proceedings is essentially governed by the rules on civil procedure.
• The court serves the application on the defendant. He or she shall be given the opportunity to comment.
• Subsequently, the family court determined an amount for maintenance.
• The court may order the parties concerned to provide information about their income, assets and personal and economic circumstances. If you and your former (spouse) partner do not comply with this order, the court can independently obtain inquiries, e.g. from employers or insurance companies.

You must assert your claim in good time during your separation phase. You are only entitled to maintenance retroactively under certain conditions.

• At least 3 months due to the given procedure, in more complex proceedings possibly longer, depending on the individual case

• Legal expenses
• Lawyer's fees
• both depend on the amount in dispute

The maintenance law guidelines of the Higher Regional Courts, e.g. the maintenance principles of the Higher Regional Court of Frankfurt am Main

For information on separation, see