Aspects to keep in mind when faced with separation and/or divorce in Germany
Spousal Support (Ehegattenunterhalt)
This is the financial support that one spouse may be required to pay to the other after divorce. It is based on the principle that spouses are economically interconnected during marriage, and there should be a balance in their financial situations post-divorce.
Child Support (Kindesunterhalt)
This is the financial support provided for the care and upbringing of children. Both parents are generally obligated to contribute to the financial needs of their children, even if they are divorced.
Calculation of Alimony
The calculation of alimony in Germany is often based on the needs of the recipient spouse and the financial capacity of the paying spouse.Various factors are considered, including the duration of the marriage, the financial situation of each spouse, the standard of living during the marriage, and the needs of any children involved.
Duration of Alimony
The duration of spousal support in Germany is not fixed. It can be temporary or long-term, depending on the circumstances of the case.The court considers factors such as the length of the marriage, the age and health of the spouses, and their ability to become financially independent.
Modification and Termination
Alimony arrangements can be modified if there is a significant change in the financial situation of either party, such as a change in income or living expenses.Spousal support may be terminated if the recipient spouse remarries or enters into a new partnership that significantly improves their financial situation.
Alimony orders issued by the court are legally binding, and failure to comply can result in enforcement measures.
The calculation of spousal and child support in Germany is often determined by standardized guidelines (e.g. Düsseldorfer Tabelle, Unterhaltsleitlinien der Oberlandesgerichte). These guidelines take into account the income, financial needs, and ability to work of both spouses. Courts may deviate from these guidelines if the standard calculation would lead to unfair or inappropriate results.
Both spouses are usually required to provide full and accurate financial disclosure during alimony proceedings. This information is crucial for the court to make a fair determination
In cases involving spouses of different nationalities or where one spouse resides abroad, international family law principles may come into play. The determination of jurisdiction and the applicable law can be complex.
It’s essential to consult with a family law attorney (Fachanwalt für Familienrecht) for advice tailored to your specific situation. Family law is subject to change, and legal professionals stay informed about the latest developments in legislation and court decisions.