Should a husband give money to his wife

Pocket money wife

Pocket money wife

Family law is largely regulated in the civil code. When it comes to the private money of spouses, nothing specific is found in the BGB. Only Paragraph 1357 of the German Civil Code (BGB) (business to cover the necessities of life) is devoted to this topic. However, case law has developed some principles regarding pocket money in marriage. The question of whether there is actually a legal right to pocket money for children must be answered in the negative.

In the case of married couples, it is initially clear. Every spouse is legally obliged to contribute to the family support. According to the German Civil Code (BGB), the spouses are obliged to provide adequate support for the family through their work and their property. If a spouse is left to run the household, he / she fulfills his / her obligation to contribute to the maintenance of the family through work, usually by running the household (Section 1360 BGB).

In the central regulation on family maintenance according to Section 1360a BGB (scope of the maintenance obligation), a distinction is made between economic money and pocket money for family maintenance.

In the case of sole earners, the contribution of the non-working spouse can therefore be in the management of the household, i.e. the housework. So if a partner does not work and there is no income and this spouse takes care of the household instead, he / she can claim an amount in money from the sole breadwinner, with which certain personal expenses of daily life (e.g. hairdresser or personal care) can be covered.

For example, our social system does not provide that the housewife or househusband has to ask the spouse for money for small expenses in a marital partnership. As a consequence of appropriateness, the lower additional earnings of the housewife or housewife can be deducted by this spouse as "pocket money" from the earnings.

The amount of pocket money must be reasonable and depends on the individual case. How much pocket money should be can therefore not be established as a binding rule of thumb. The decisive factors are the economic circumstances of the spouses, the needs of the family and the number of children. 5 to 7 percent of net income is considered a reasonable basis for calculating pocket money. With a net income of the man (or a single-earning wife) of 2,000 euros, this would be an amount of 100 to 130 euros.

By general standards, this would be a very modest amount. However, no guideline values ​​can be regarded as binding. In the case of economically unfavorable circumstances of the spouses, the partner's right to pocket money can be completely waived.

Economic money is generally the amount of money earmarked for running the common household. Under certain circumstances, account must be given of how the economic money is used. Example: The wife who runs the household hardly spends any money on the family and builds up a black fund for herself. The other spouse can defend themselves against this. The situation is different with pocket money, because the individual spouse can deal with this part of the money as they see fit. Ultimately, this means: The other partner may not dictate what the spouse's pocket money is used for.

From the jurisprudence: Pocket money is also basically to be used for maintenance purposes, unless it is required to cover the reasonable needs of the person liable for maintenance. Part of the available money (for example pocket money entitlement to the spouse or unemployment benefit) is to be used for parental maintenance, unless this money is required to meet one's own reasonable standard of living. This is the case if the spouse's income is so high that the person liable for maintenance can be adequately supported from it (BGH judgment of October 15, 2003, Az. XII ZR 122/00).

In the case of separated or divorced spouses, the question of pocket money arises in a different form. A maintenance claim should cover the entire needs of the maintenance beneficiary. However, if the income is only sufficient for the necessary family support, there is often no entitlement to pocket money. Therefore, if you have to pay maintenance, you may have to access your pocket money.

Example: If a woman divorces in order to marry a rich man, and the abandoned needy husband is entitled to maintenance, the wife must support herself with the pocket money she will receive in the new marriage.

The attachment of a claim to pocket money is basically possible. However, it is difficult because the attachment must be fair. Only in the event of fruitless foreclosure against the debtor can the pocket money claim be attached and this measure must be fair.

An article on the iww explains this connection well. Thus, according to Section 850b (2) ZPO, the payments that cannot be seized in accordance with Section 850b (1) ZPO can only be seized in accordance with Section 850c ZPO if the enforcement of the debtor's other movable property has not or is not expected to lead to complete satisfaction becomes. The creditor must prove this with a corresponding certificate of fruitlessness from the bailiff.

In individual cases, the obligee must demonstrate that he is particularly in need of protection. Example: In a specific case, he is dependent on the satisfaction of the claim in order to make his own living.