Can I demand maintenance from my ex-partner during the divorce?
June 11, 2023 | 40,00 EUR | answered by Johann König
Dear lawyer,
My name is Benjamin Böhm and I am currently going through a divorce with my wife. We have mutually agreed to go our separate ways, as our marriage simply does not work anymore. Now, the question for me is whether I can demand spousal support from my ex-partner during the divorce proceedings.
The current situation is as follows: During our marriage, I earned less than my wife, as I mainly took care of the children and the household. Now I am faced with the challenge of re-entering the workforce and providing for myself. I am worried about whether I can financially stand on my own two feet and if I can potentially demand spousal support from my ex-partner.
My question to you as an expert in divorce law is therefore: Can I demand spousal support from my ex-partner during the divorce? If so, how much could this support be and what conditions would need to be met for me to be eligible? Is it also possible to reach a spousal support agreement out of court, or does it always have to be settled in court?
I thank you in advance for your support and advice.
Sincerely,
Benjamin Böhm
Dear Mr. Böhm,
Thank you for your inquiry regarding maintenance during a divorce. Indeed, the question of maintenance is an important aspect that often plays a role in divorce proceedings. I will try to answer your questions as comprehensively as possible.
In general, as a spouse during a divorce, you are entitled to maintenance from your ex-partner under certain conditions. This is particularly the case if you earned less than your wife during the marriage and took care of the children and the household. In such a case, the maintenance payment can serve to support you during the transition phase as you re-enter the workforce and secure your livelihood independently.
The amount of maintenance depends on various factors, such as your income, your ex-partner's income, the childcare needs of the children, and your respective living conditions. To calculate the exact amount of maintenance, it is advisable to consult an experienced attorney specializing in divorce law who can assist you individually.
There is also the possibility of reaching an out-of-court maintenance agreement. In this case, you and your ex-partner can jointly determine the amount and duration of maintenance without the need for a court proceeding. However, this agreement should be carefully drafted and legally reviewed to avoid disputes in the future.
If an agreement on maintenance is not possible, the issue can be resolved in court. In such a case, the court will examine whether and to what extent you are entitled to maintenance based on legal regulations.
I hope that this information has been helpful to you. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Johann König
