What financial claims do I have after the divorce?
May 31, 2023 | 40,00 EUR | answered by Alexander Hartmann
Dear lawyer,
my name is Valentina Bergmann and I am facing a difficult situation: My husband and I have decided to divorce after many years of marriage. I am very worried about my financial future and I am wondering what claims I can make after the divorce.
Currently, I work part-time in a small company and earn a low income. My husband, on the other hand, is self-employed and earns significantly more than me. During our marriage, I mainly took care of the household and children, which resulted in neglecting my professional career.
Since we have acquired shared assets and debts during the marriage, I am unsure how these will be divided after the divorce and if I am entitled to adequate support. Additionally, I want to ensure that my children are financially secure after the divorce.
I am seeking your advice and support in clarifying my financial claims after the divorce. What options do I have to receive a fair division of assets and adequate support payments? Are there specific legal regulations that I need to consider in order to secure my financial situation after the divorce?
Thank you in advance for your help and guidance.
Sincerely,
Valentina Bergmann
Dear Mrs. Bergmann,
I understand that financial uncertainty after a divorce can be a great burden. It is important that you educate yourself about your rights and entitlements in this difficult situation. Under German divorce law, both spouses generally have a right to adequate support and a fair division of shared assets.
First and foremost, it is important to know that post-divorce support depends on various factors, such as the duration of the marriage, the income and assets of both spouses, as well as the care and employment opportunities of the spouses. Since you were mainly responsible for household and childcare during the marriage, you may be entitled to support to cover your reasonable living expenses.
Regarding the division of assets and debts, the principle of equalization of accrued gains applies. This means that assets and debts acquired during the marriage will be divided fairly. The gain of each spouse will be calculated, i.e. the difference between the initial and final assets during the marriage. If your husband has significantly more wealth than you, you may have a claim for equalization.
To secure your financial situation post-divorce, I recommend contacting an experienced family law attorney early on. They can provide comprehensive advice, assess your financial claims, and support you in enforcing your rights. It is also advisable to gather all relevant documents such as income statements, asset statements, and contracts to enable informed advice.
Please note that there are specific regulations for the support of minor children. The well-being of the children is the focus here, and both parents are obligated to provide adequate support for their children. Your attorney will also assist you in ensuring the financial security of your children.
In conclusion, I want to emphasize that you are not alone in your financial concerns. With the right legal advice and support, you can successfully assert your financial claims post-divorce and find a fair solution for all parties involved.
I am available for further questions and personal consultations in my online office hours.
Sincerely,
Alexander Hartmann, Divorce Lawyer
