What does underpayment mean

Maintenance obligations of spouses after divorce

The law recognizes a number of maintenance requirements. Can you do any of these Prove facts, you are entitled to maintenance after the divorce. Be considered:

  • Care maintenance for the care of a small child
  • Care maintenance for the absolutely necessary care of a child
  • Old age support
  • Maintenance due to illness or frailty
  • Maintenance due to unemployment
  • Supplementary maintenance if one's own earnings are insufficient for a living,
  • Maintenance for training, advanced training or retraining
  • Maintenance for reasons of equity in other cases

When am I entitled to childcare allowance for looking after a child?

Take care of your toddler after the divorce and therefore cannot work if you have a period of at least three years after the birth of the child Entitlement to care maintenance. During this time you do not need to work and you can only work with the Care and education of your child dedicate. As your child gets older, you actually have to go back to work, unless that Your child's care situation forces you to look after the child. A special need for care can arise when a Child health impaired or disabled is. Ultimately, however, the age of the child is not decisive if, due to your family circumstances, full-time employment is not reasonable. There are no general regulations here.

Practical example:

For example, if you look after three children aged 12, 15 and 17, you can only be expected to work 30 hours per week (BGH Az. XII ZR 65/10). The same applies to the care of two children between the ages of twelve and 14 if one child suffers from ADHD and there is no possibility of caring for the child in a child-friendly manner (BGH XII ZR 114/08).

When am I entitled to maintenance if I am unemployed?

If, after the divorce, you can prove that you cannot find adequate employment through no fault of your own, you are entitled to maintenance due to unemployment. It is not enough just to register as unemployed with the employment agency. Rather, you have to concrete and detailed evidencethat your efforts for one Unsuccessful job stayed.

You are responsible not only for what you do, but also for what you don't do.


What is the top-up maintenance?

If your own income is insufficient to provide for a living, your ex-partner must Pay top-up maintenance, provided that he has a higher income that will shape your marital living conditions. Your own merit will then increased by the maintenance.

What is the training allowance?

Did you have one because of your marriage Training canceled or not accepted because of your marriage, you can claim maintenance after the divorce for the period in which you are pursuing your training, further training or retraining. The goal must be that you have a engage in reasonable gainful employment and be able to earn their own money.

When am I entitled to maintenance due to illness?

Can you because of your health impairment or prove your frailty with the help of medical certificates that you cannot earn your own money, you are entitled to maintenance due to illness. Certificates of convenience from your family doctor are not sufficient. You usually need a specialist opinion.

Good to know:

If your illness was not yet recognized at the time of your divorce, you are entitled to maintenance provided that you have not been able to secure your livelihood in the long term until the onset of the illness.

What does the maintenance for reasons of equity mean?

The legislature can do not cover all living conditionsfrom which a claim to post-marital maintenance can be derived. In addition, there are always cases in which a partner cannot be expected to earn his own money for serious reasons.

This is what love consists of: That two lonely people protect and touch and talk to each other.

Rainer Maria Rilke

Practical example:

If, before your separation, you jointly decided to take in a foster child whom you will continue to care for after the divorce, you may be entitled to maintenance on grounds of equity. The same applies if you look after your divorced stepchild or relatives of your ex-partner in need of care.