Determination of post-divorce spousal maintenance

If you and your former partner are legally divorced and you are unable to support yourself, you can claim appropriate alimony from your partner.

If you and your former partner cannot agree on an appropriate amount of maintenance, you can assert your claim for post-divorce spousal maintenance in court. The course of such court proceedings is essentially governed by the rules applicable to civil litigation.

The claim for post-marital maintenance is determined for the maintenance grounds included in the law according to the recognized principles of maintenance calculation, which flesh out the indeterminate legal concepts of maintenance law. For details, please consult a lawyer.

You can also find further information in the maintenance guidelines of the Higher Regional Courts.

An application to claim post-divorce alimony can only be filed by a lawyer.

• The further course of the judicial proceedings is governed essentially by the provisions concerning civil procedure.
• The court may order you and your former spouse to provide information regarding your respective income, assets, and personal and financial circumstances. If you or your former spouse fail to comply with this order, the court may obtain information independently, for example from employers or insurance companies.

No statutory deadlines

• Court costs
• Attorney's fees
• Both depend on the amount in dispute

Appeal pursuant to §§ 58 et seq. of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG) against the family court decision within one month by an attorney-at-law