Spousal maintenance

Spousal maintenance (Ehegattenunterhalt) protects the financially weaker partner during separation and possibly after divorce in Germany.

Two types:

1. Separation maintenance (§1361 BGB):

• From separation until the divorce is final
• CANNOT be excluded in advance by a prenuptial agreement (§1614 BGB)
• Must be claimed IMMEDIATELY – there is nothing retroactively

2. Post-marital maintenance (§§1570–1576 BGB):

• Only under certain conditions (childcare, age, illness, unemployment)
• Can be time-limited and reduced
• Can be regulated by a prenuptial agreement

Calculation – 3/7 method:

• Determine both partners' adjusted net income
• Calculate the difference
• 3/7 of the difference = maintenance entitlement
• The payer keeps 4/7 (including a 1/7 employment bonus)

Sample calculation:

• Partner A: €4,200 net. Partner B: €2,400 net
• Difference: €1,800
• Maintenance: 3/7 × 1,800 = €771/month

Personal allowance: €1,600 (employed), €1,475 (not employed)

Forfeiture: in cases of gross misconduct, a new established partnership or inadequate self-provision.