As of: March 19, 2024, 8:01 a.m
By: Anna Katharina Kuesters
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If a marriage fails, a person may be entitled to so-called separation maintenance.
However, certain requirements must be met for this to happen.
In the period between the start of the separation and the final divorce, some partners may be entitled to so-called separation maintenance.
This money is intended to support the financially disadvantaged person on their way back to financial independence until after the divorce.
After the divorce is legally binding, the entitlement to separation maintenance no longer applies.
However, the payments are subject to special conditions.
We will explain to you the conditions under which you can demand separation maintenance.
Prove that the spouses live separately
Some partners are entitled to separation maintenance.
© AndreyPopov/Imago
The first requirement is separate everyday life.
Only those who live separately can claim separation maintenance.
This is the case, for example, if an ex-partner has already moved out of the shared apartment.
This can be easily proven with a new rental agreement.
According to the
Federal Ministry of Justice,
this requirement is also met if both people continue to live separately in the same apartment.
If this is the case, both parties should record in writing that they live separately.
It should state the date of separation and both parties should sign.
If one of the ex-partners refuses to sign, the other party should, according to
Finanztip,
write a letter to his or her current spouse.
In it he records the separation and the immediately separate household in writing and sends this letter directly to him or her by registered mail.
If the accounts are already separated or if this is planned, this should also be stated in the separation letter.
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Need is a prerequisite
In addition to the separate everyday life, there is another requirement that must be met in order to be entitled to separation maintenance: only those who are in need according to the law are entitled to a compensatory payment.
According to the German Bar Association
, in order to clarify this claim,
the net income of both spouses is crucial in a household in which both partners have earned money.
This means: Both monthly net incomes are added together.
Taxes, major debts or child support are not included in this net value.
The sum of both net incomes is then halved and determines the maintenance requirement.
The maintenance requirement determines how much money both partners must have available each month until the divorce is legal.
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A partner is only considered needy if he or she cannot cover this calculated maintenance requirement from his or her own resources.
The other partner then has to pay the difference between what one partner can afford and what they are entitled to according to their maintenance needs.
If a partner did not work at all before the separation but took on care work such as looking after the children and running the household, according to
Finanztip
it is not mandatory to take a job in the year of separation.
First it should be regulated who will look after the children after the separation and how.
If the partner cannot pay
Finally, the claim for separation maintenance can also fail due to the ex-partner's ability to pay.
Not every partner is able to pay the separation maintenance for the other person from their net cash.
According to the Düsseldorf table,
every working person is entitled
to a deductible of 1,600 euros per month for 2024.
This means that after deducting separation maintenance and child support, 1,600 euros must remain from your net income to pay remaining everyday costs such as rent, additional costs, heating, etc.
If the ex-partner does not work, the deductible is lower.
In 2024 it will be 1,475 euros.
If the partner no longer has a net income of the amount specified above after deducting the separation maintenance, he or she does not have to pay any separation maintenance.
The other person's claim then no longer applies.