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Claiming divorce maintenance
If you are legally divorced and are unable to support yourself, you can demand reasonable maintenance from your former spouse.
Your responsible authority
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Forms
Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance required: if ordered
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Detailed description
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 make a claim for maintenance.
If you and your divorced spouse are unable to agree on an appropriate amount of maintenance, you can assert your claim for maintenance in court.
For details, please contact a lawyer.
Further information can also be found in the maintenance guidelines of the higher regional courts. -
Requirements
- the spouses are legally divorced
- A statutory maintenance claim exists, e.g. maintenance due to childcare, old age, illness, unemployment, top-up maintenance
- 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 in this respect.
- the other party must be able to pay the claim
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Documents
- Proof of income, assets and personal and financial circumstances
- If applicable, further supporting documents to be determined by the court
- if applicable, written assurance that the information provided is truthful and complete
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Fees
- Court costs
- Attorney's fees
- both are essentially based on the value of the proceedings
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Process
An application for the assertion of divorce maintenance can only be made by a lawyer. This does not apply to proceedings for a temporary injunction. Your appointed lawyer will determine which family court has local jurisdiction for you.
- The course of the court proceedings is essentially based on the regulations governing civil proceedings.
- The court may 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 within the set time limit, the court can make independent inquiries, for example with employers or insurance companies.
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Duration
The processing time depends on the circumstances of the individual case. In main proceedings, the processing time is usually around 3 to 6 months, in more complex proceedings it may be longer.
Proceedings by way of interim injunction usually take 3 to 6 weeks to process. -
Deadline
There are no statutory time limits.
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Responsible authority
- Local court - family court (Sections 23a (1) sentence 1, 23b (1) GVG, Sections 232 f. FamFG)
- The lawyer commissioned by you will determine the local court - family court responsible for you in accordance with §§ 232 f. FamFG.
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Point of contact
Please contact a lawyer.
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Legal basis
- §§ Sections 1569 to 1586b 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)
- § Section 112 no. 1 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 113 (1) to (3) and (5) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ Sections 231 to 248 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- More information
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Approved
Federal Ministry of Justice
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Approved date
14.12.2021