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If you are unable to agree on an appropriate amount of maintenance with your spouse who is separating, you can assert your claim for separation maintenance in court. The course of such court proceedings is essentially based on the rules applicable to civil proceedings.

The claim for separation maintenance is calculated according to the recognized principles of maintenance calculation, which fill out the undefined legal terms of the maintenance law. For details, please contact a lawyer.

Further information can also be found in the maintenance law guidelines of the higher regional courts.

In principle, a claim for separation maintenance presupposes that

• the spouses or partners live separately,
• the need is determined according to the marital living conditions,
• the claimant is needy (the income and payment obligations of the person claiming maintenance as well as the obligation to his or her own gainful employment are decisive here).
• the respondent is capable of paying.
• For details, please contact a lawyer.

• Proof of income, assets and personal and economic circumstances

• Court costs
• Legal fees
• both depend on the amount in dispute

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

• The further course of the court proceedings is essentially governed by the provisions on civil proceedings.
• The court sends the application to the defendant. The defendant is given the opportunity to comment.
• The family court then sets an amount for maintenance.
• The court may order the parties 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 information, e.g. from employers or insurance companies.

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

• Local court - family court (Sections 23a (1) sentence 1, 23b (1) GVG, Sections 232 f. FamFG)
• The lawyer you have appointed will find out which social services office is responsible for you.

Please contact a lawyer.

• § Section 1361 of the 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 matrimonial matters Maintenance matters
• § Section 113 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for matrimonial matters Family disputes
• § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for matrimonial matters Family disputes
• § Section 231 (1) no. 2 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
• § Section 269 (1) no. 9 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for civil partnership matters
• § Section 270 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for civil partnership matters
• §§ 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

• The maintenance guidelines of the higher regional courts
• Information on the topic of separation

Senator for Justice and Constitution of the Free Hanseatic City of Bremen