Do I have to give a portion of my income to my ex-partner after the divorce?
April 28, 2024 | 40,00 EUR | answered by Erwin Evers
Dear lawyer,
after many years of marriage, I have decided to separate from my partner and get a divorce. Now I am wondering if I have to give a part of my income to my ex-partner after the divorce.
Background information: My ex-partner and I both worked during our marriage and our incomes were approximately equal. Now I am concerned that my ex-partner may claim a portion of my income because he earned less than me during our marriage.
The current situation is as follows: After the divorce, I want to lead my own life and be independent. I have no intention of financially supporting my ex-partner, as I believe everyone should be responsible for their own income.
My concerns revolve around the possibility that my ex-partner may seek spousal support, which would put a financial burden on me. I would like to know if I am obligated to give a portion of my income to my ex-partner and how I can protect myself against this.
My question to you, as an expert in divorce law, is therefore: Do I have to give a portion of my income to my ex-partner after the divorce, and what legal options do I have to protect myself? I would like to clarify how I can ensure my financial independence after the divorce.
Thank you in advance for your support.
Sincerely,
Lilli Endres
Dear Mrs. Endres,
Thank you for your inquiry regarding the financial implications of a divorce on your income. I would be happy to provide you with a detailed response to your question.
In Germany, it is generally possible to claim post-divorce spousal support. This means that a spouse may be entitled to support under certain conditions if they are unable to support themselves after the divorce. Factors such as the duration of the marriage, the living conditions during the marriage, and the respective income levels all play a role in determining eligibility.
In your case, where both spouses worked during the marriage and had similar incomes, it is possible that your ex-partner could indeed claim spousal support if they are unable to support themselves post-divorce. However, this is individual and depends on various factors.
To protect yourself against such claims, you may consider entering into a prenuptial agreement that outlines the financial consequences of a potential divorce. In such an agreement, you can specify, for example, that no post-divorce spousal support will be paid or that it will only be paid for a limited period. Such a prenuptial agreement can help you secure your financial independence after the divorce.
It is important to note that a prenuptial agreement must meet certain formal requirements and that both spouses must sign it voluntarily and with full understanding of the consequences. Therefore, I recommend seeking advice from a specialized family law attorney to analyze your individual situation and find the best possible solution for you.
I hope this response has been helpful, and I am available to answer any further questions you may have.
Kind regards,
Erwin Evers
