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If you and your former partner are legally divorced and you are unable to support yourself, you can ask your partner for reasonable maintenance.

If you and your divorced partner are unable to agree on an appropriate amount of maintenance, you can assert your claim for maintenance in court. The procedure for such court proceedings is essentially based on the regulations applicable to civil proceedings.

The divorcee's maintenance claimis calculated in accordance with the recognized principles of maintenance calculation, which fill out the undefined legal terms of maintenance law. For details, please contact a lawyer.

Further information can also be found in the maintenance law guidelines of the higher regional courts.

• Proof of income, assets and personal and economic circumstances

In principle, you and your former sp ouse are initially obliged to provide for your own maintenance on your own responsibility after the divorce. If you are unable to do so after the divorce, you can assert a claim for maintenance in accordance with the statutory provisions, provided the following conditions are met:

• the spouses are legally divorced,
• thereis a legal requirement for maintenance, e.g. maintenance due to child care, old age, illness, unemployment.
• Entitlement existed at the time of divorce
• Need according to the marital living conditions
• You must be needy. (Your income and your payment obligations as well as the obligation to your own gainful employment are decisive here).
• the claimant or the respondent must be able to pay.
• For details, please contact a lawyer.

• Court costs
• Legal fees
• both depend on the amount in dispute

An application for the enforcement of divorce maintenance can only be filed by a lawyer.

• The further course of the court proceedings is essentially governed by the rules on civil proceedings.
• The court may order you and your former spouse to provide information about their respective income, assets and personal and economic circumstances. If you or your former spouse do not comply with this order, the court may independently obtain information, e.g. from employers or insurance companies.

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case

No legal deadlines

Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month by a lawyer or attorney-at-law

• Determination of divorce maintenance
• Divorce maintenance can only be claimed for the period after the divorce has become final
• Compulsory attorney
• The prerequisite for divorce maintenance is
  • Final divorce of the spouses
  • Existence of the requirements for a statutory maintenance claim
  • Meaningfulness of the claimant or the claimant
  • Ability to pay on the part of the defendant.
• Competent court: Local Court - Family Court -

• Please consult a lawyer.

• Local Court - Family Court (Sections 23a (1) Sentence 1, 23b (1) GVG)
• The local court - family court - responsible for you in accordance with §§ 232 f. FamFG will be determined by the lawyer appointed by you.

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