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Enforcement of alimony during the separation phase

  • Partnerschaft und Familie 



    	    

		    
If you are married or in a registered civil partnership but living separately, you can demand reasonable maintenance from your partner even before the divorce.

		    


                					    

						    

							    Competent Department
						    

						    
					    

                        
					    

						    

							    Basic information
						    

						    

							    

								    
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.

								    

									    Requirements
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/her own gainful employment are decisive here).
  • the respondent is capable of paying.
  • For details, please contact a lawyer.
								    
What documents do I need?
    
    
  • Proof of income, assets and personal and economic circumstances        
    •