One of the most controversial issues in divorce is maintenance. An agreement on alimony and its amount is even a prerequisite for a divorce by mutual consent. But what are you really entitled to?
In fact, spousal maintenance is often the main reason for a contested divorce. While fault for the breakdown of the marriage is not a primary factor in the division of assets, a claim for maintenance is generally only possible if the marriage is found to be (predominantly) at fault for the breakdown of the marriage. In addition, a maintenance claim must also be arithmetical.
First of all, a maintenance claim already exists during the marriage . After a divorce, a possible maintenance claim against the ex-spouse essentially depends on the finding of fault in the divorce decree. The maintenance claim against the spouse who is solely or predominantly at fault for the divorce generally corresponds to the maintenance during the marriage.
Maintenance in cash or in kind?
Maintenance is generally to be paid in kind; if the household is separated , this is converted into a pure monetary maintenance claim. However, certain payments in kind (e.g. rent, credit) can be deducted if they continue to be paid.
Height
The maintenance amount for sole-earner marriages is 33%. If both have an income, the assessment basis is 40% of the family income. If you deduct your own income from this, you get the amount of maintenance.
Tension
Both the person entitled to maintenance and the person obliged to pay maintenance are subject to the principle of entitlement. This is the obligation to make full use of their possibilities and abilities to earn an income within the bounds of what is reasonable. If these obligations are culpably neglected, this is taken into account as fictitious income when calculating maintenance. This leads to a higher income for the obligor and a reduction in the maintenance claim for the beneficiary.
If no time limit has been agreed for maintenance, this applies until death. However, the post-marital maintenance claim is suspended if the beneficiary enters into a cohabitation and expires upon remarriage.
Do you have a maintenance claim or are you being confronted with false claims? Contact us - we will be happy to provide you with comprehensive advice on maintenance issues.
