Divorce Lawyer

Alimony in Germany

Types of alimony in Germany

There are several types of maintenance, each tailored to different needs and circumstances, to ensure that both spouses and any children involved can maintain a reasonable standard of living during and after the separation process.

Types of alimony are:

• Spousal support during separation (Trennungsunterhalt)
• Post-divorce alimony (Nachehelicher Unterhalt)
• Child support (Kindesunterhalt)
• Parental support (Betreuungsunterhalt)
• Supplementary Alimony (Aufstockungsunterhalt)
• Compensatory Alimony (Ausgleichsunterhalt)

Spousal Support During Separation (Trennungsunterhalt)

This type of maintenance is paid by one spouse to the other during the period of separation before the divorce is finalised. The purpose is to ensure that both spouses maintain a standard of living comparable to that enjoyed during the marriage, as separation can upset the financial balance.

The dependent spouse must apply for this support and it’s usually granted if there’s a significant income disparity between the two.

The amount is calculated on the basis of both spouses’ incomes, taking into account any existing financial obligations, such as child support.

Post-Divorce Alimony (Nachehelicher Unterhalt)

This is granted after the divorce is finalised and is intended to provide financial support to a spouse who is unable to support themselves adequately after the marriage ends.

It is not granted automatically and must be specifically requested. The court will consider the dependent spouse’s ability to work, the length of the marriage and the disparity in income between the spouses.

Post-divorce maintenance may be limited in time, depending on whether the dependent spouse is expected to become financially self-sufficient. Long-term or permanent alimony can be awarded in cases where self-sufficiency is not realistic (e.g. due to age or health problems).

The amount is determined based on the income of the paying spouse, the needs of the dependent spouse, and any earning potential or other resources available to them.

Child Support (Kindesunterhalt)

Although not strictly speaking maintenance, child custody and support is an important part of financial support in cases of separation or divorce. It is paid to the parent who has primary custody of the children to ensure that their financial needs are met.

Maintenance is usually paid until the child reaches the age of majority, or beyond if the child is in full-time education or training.

The Düsseldorfer Tabelle provides guidelines for calculating child maintenance, taking into account the income of the paying parent and the age of the child. Amounts may vary depending on the number of children and their needs.

Parental Support (Betreuungsunterhalt)

This form of support is for a spouse who is the primary carer of a young child following separation or divorce. The law recognises that caring responsibilities may limit the carer’s ability to work full time and that financial support is therefore needed.

It is usually paid to the parent caring for a child under the age of three, but can be extended if the child has special needs or requires additional care.

The amount is based on the caregiver’s financial needs and the other spouse’s ability to pay, and is often calculated in a similar way to spousal maintenance.

Supplementary Alimony (Aufstockungsunterhalt)

This type of alimony is intended to compensate for differences in income between former spouses and is granted when one spouse’s post-divorce income is insufficient to maintain their previous standard of living. Even if the dependent spouse is in employment, if their income is significantly lower than during the marriage, they may be entitled to additional maintenance to maintain their standard of living.

It is usually limited and is intended to allow the dependent spouse to gradually adjust to a lower standard of living or to improve their earning potential.

It is calculated on the basis of the difference between the two spouses’ incomes and the standard of living during the marriage.

Compensatory Alimony (Ausgleichsunterhalt)

This type of alimony is designed to compensate a spouse who has made personal or career sacrifices for the benefit of the family. For example, one spouse may have given up career opportunities to care for the children, making it more difficult for them to become financially independent after the divorce.

It applies to cases where one spouse has made significant sacrifices (e.g. in education or career development) that affect their ability to support themselves financially after the marriage.

Compensatory alimony can be paid until the dependent spouse is able to complete training, retraining or achieve sufficient earning potential to support themselves.

The calculation takes into account the level of sacrifice, the ability to retrain or re-enter the workforce, and the financial situation of both parties.

Example of alimony in Germany

Of course, the exact amount of alimony depends on the specific case and the financial situation of both spouses, so each specific case must be assessed by a professional divorce lawyer.

However, here are some examples of maintenance to give you an idea of how it works in practice.

• Spousal maintenance during separation: Anna and Mark were married for 10 years, but their relationship has ended and they are now separated. During their marriage, Mark worked full-time, earning €4,000 per month, while Anna stayed at home to look after the children and the household. As Anna has no income of her own, she is entitled to separate maintenance from Mark until the divorce is finalised. Under German law, Anna could receive 3/7 of the difference in income between her and Mark. As she has no income, this means that Mark could pay her approximately €1,714 per month in alimony during the separation period. This helps to ensure that Anna can maintain a reasonable standard of living while they go through the legal process of divorce.
• Post-divorce maintenance: After the divorce is finalised, Anna is still unable to fully support herself financially. Although she has found part-time work earning €500 per month, this is not enough to cover her living expenses, especially given the lifestyle she had during the marriage. Mark continues to earn €4,000 per month, so Anna applies for post-divorce maintenance. The court could decide to award Anna 2/5 of the difference between her part-time earnings and Mark’s salary. With a difference of €3,500 (€4,000 – €500), Mark would probably have to pay €1,400 per month to Anna after the divorce. This maintenance will provide her with financial support while she transitions to greater self-sufficiency.
• Child maintenance: Mark and Anna have two children, aged 8 and 10, who will primarily live with Anna after the separation. As the non-custodial parent, Mark is required to pay child support for both children. Based on the Düsseldorfer Tabelle and Mark’s monthly income of €4,000, the guideline suggests that he should pay about €500 per child. This means that Mark would be responsible for a total of €1,000 per month towards the children’s support. Child support is intended to cover the children’s basic needs, including food, education, clothing and other daily expenses, and to ensure that the children are cared for after the separation of their parents.
• Parental maintenance: Anna is the primary carer for her youngest child, who is 2 years old. Because she cannot work full-time while looking after the child, she is entitled to child benefit. Mark, who earns €4,000 a month, is required to provide financial support to cover Anna’s living expenses while she looks after their young child. As Anna has no income, the court may award her 3/7 of the difference in income between her and Mark. This means that Mark could be required to pay Anna €1,714 per month in child support until their child reaches the age of three. In special circumstances, this support could be extended if the child requires additional care beyond the normal time frame.
• Additional maintenance: After the divorce, Anna manages to get a part-time job, earning €1,500 per month. However, this income is still not enough to maintain the standard of living she enjoyed during the marriage. Mark continues to earn €4,000 per month, and because of the significant income disparity, Anna applies for additional maintenance to bridge the gap. The court can award Anna 2/5 of the difference in income between her and Mark to supplement her income. With an income difference of €2,500 (€4,000 – €1,500), Mark would have to pay €1,000 per month in additional maintenance. This will allow Anna to maintain a more comparable standard of living while she works part-time and adjusts to life after the divorce.
• Compensatory maintenance: During her marriage, Anna gave up her career to raise the children, leaving her with limited earning potential after the divorce. In order to regain financial independence, Anna decides to go back to school to retrain. In the meantime, she has no income while she studies. As Mark earns €4,000 per month and Anna is unable to support herself, she applies for compensatory maintenance to cover her living and education expenses during her retraining. The court can order Mark to pay 3/7 of his income to Anna while she completes her training. This results in Mark paying €1,714 per month until Anna is able to return to work with a better financial situation. This maintenance will support Anna during her retraining period and help her to regain the ability to support herself in the future.

How Can a Lawyer Support You With Alimony in Greece

A divorce lawyer in Berlin can provide invaluable assistance when dealing with maintenance issues in Germany.

A lawyer provides both practical and strategic support, ensuring that your financial security and legal rights are protected throughout the alimony process.

Here’s how our law firm can help:

• Legal advice and clarification of your rights: Alimony laws in Germany can be complex, with different types of alimony (e.g. spousal support during separation, post-divorce alimony and child support) governed by specific legislation. A solicitor can explain your rights and obligations under the German Civil Code (BGB) and help you understand whether you are entitled to, or obliged to, pay maintenance. They will assess your financial situation, the length of your marriage and any special circumstances that may affect the outcome.
• Accurate calculation of maintenance: Calculating the correct amount of maintenance is crucial to ensuring a fair outcome. A solicitor will use their expertise to determine an appropriate amount based on your income, assets and the Düsseldorfer Tabelle (for child maintenance). They will also take into account factors such as career sacrifices, caring responsibilities and the standard of living during the marriage. This can prevent over- or underpayment and reduce the risk of future disputes.
• Negotiation and mediation: In many cases, alimony disputes can be resolved through negotiation or mediation without going to court. A lawyer can represent you in discussions with your spouse’s legal team to reach a fair settlement that protects your financial interests. Having legal representation during negotiations ensures that your voice is heard and that you don’t accept unfair terms due to a lack of legal knowledge.
• Representation in court: If negotiations fail, a solicitor will represent you in court, presenting evidence and arguments to support your case. Whether you are seeking maintenance, contesting it, or seeking an adjustment due to changed circumstances (such as loss of income or increased expenses), a lawyer will fight for your best interests. They can help you navigate the court system, file the necessary paperwork and ensure that all legal procedures are followed correctly.
• Modifying and enforcing maintenance orders: After an alimony order has been made, circumstances may change, such as loss of a job, illness or changes in childcare needs. An attorney can help you apply for modifications to the maintenance order if necessary. In addition, if your ex-spouse fails to meet their maintenance obligations, your solicitor can take legal steps to enforce payment through the courts.

Don’t Leave Alimony Decisions to Chance

Maintenance payments can have a significant impact on your financial wellbeing after separation or divorce. It’s important to ensure that the terms are fair and legally sound. Our experienced family law solicitors are well versed in alimony law and can help you navigate your rights and obligations.

Schedule a consultation with us now to ensure your financial security is protected.

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