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Source: BUS Sachsen-Anhalt (Linie6PLus)

Claiming divorce maintenance

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.

  • 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
  • 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
  • Court costs
  • Attorney's fees
  • both are essentially based on the value of the proceedings

There are no statutory time limits.

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.

Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month through a lawyer

Contact the family court.

Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance required: if ordered

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 independently obtain information, for example from employers or insurance companies.

Federal Ministry of Justice

The text was automatically translated based on the German content.

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