Separation / Asset calculation
October 12, 2009 | 30,00 EUR | answered by Steffan Schwerin
Hello, I have been married to my husband for 5 years now on 17.12.2009 and I want to separate. I have tried to have a conversation several times in which I sought a mutually agreed solution to dissolve the common household and assets. I earn approximately 3,600 euros net per month, he earns approximately 8,000 euros per month. During the marriage, we have saved 32,000.00 on the joint checking account, not invested to date. My conversations (the desire for separation exists on both sides) have unfortunately not been "fruitful", as he wanted to dismiss me with the argument that I should just take my private belongings and get nothing. Both had an initial asset of 0 euros. Today it is 32,000.00. We will certainly not come to an agreement. I have all the bills for the jointly acquired furniture during the time, stereo system, etc. What can I do if no agreement is in sight. First: What about separation maintenance. Second: What if he "removes" the 30,000 euros from the joint account before the divorce application? What if he receives various bonuses in the meantime? (There are still bonus payments of approximately € 40,000 pending). What can I do? I do not want to withdraw half of the assets that are on the checking account, as I do not know if I am allowed to do so. It is a joint checking account owned by both. Thank you for your response. Best regards.
Dear questioner,
I will answer the questions you have raised while taking into consideration the circumstances described and your contribution as follows:
Firstly: What about separation maintenance?
Separation maintenance is intended to ensure the maintenance of the spouse's livelihood during separation. The period of separation can last for several years. It is important to distinguish this from post-divorce maintenance after the divorce is finalized.
Since you have earned significantly less than your husband, there is a claim for separation maintenance until the divorce is finalized.
Secondly: What if he transfers the 30,000 euros from the joint account before filing for divorce? What if he receives various bonuses in the meantime? (There are still bonuses amounting to approximately €40,000 to be paid out). What can I do? I do not want to withdraw half of the money from the checking account because I am unsure if I am allowed to do so. It is a joint checking account owned by both of us.
If you have lived in a community of gains, meaning there was no prenuptial agreement, the gains should be divided based on the initial assets.
The husband cannot withdraw the 30,000 euros from the account without restriction. However, you can take the half that is rightfully yours. This will need to be considered in any future settlement. The division of gains will be carried out during the divorce proceedings.
If you are authorized to access the account on your own, you can proceed with the withdrawal mentioned. If you are not authorized to access the account alone, a withdrawal cannot be made.
The settlement regarding the amount in the account will be resolved during the divorce proceedings.
The reference date for calculating the final assets in the settlement is the day the divorce application is served. Therefore, the current bonuses etc. of the husband will still be taken into account. This is more relevant to the division of gains than to the calculation of separation maintenance.
If an agreement regarding separation maintenance cannot be reached amicably, it will need to be decided by the court. If and when the separation is final, the divorce should be requested. However, you must first live separately for at least 1 year to prove the failure of the marriage.
Finally, I must point out that this platform cannot replace a thorough and personal legal consultation. The aim is solely to provide an initial rough assessment of your legal issue based on the information you have provided, from a legal perspective. The legal advice I offer is based solely on the information you have provided. By adding or omitting relevant information in your description of the situation, a completely different legal assessment may result.
I hope I have provided you with an initial overview and that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform.
Furthermore, I am available for legal representation. The initial consultation fee paid would be fully credited. A greater distance between lawyer and client is generally not a problem. With the use of modern communication tools such as email, mail, fax, and telephone, legal representation is still possible.
Best regards,
Steffan Schwerin
Lawyer
Law Firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena
Tel.: 03641 801257
Fax: 032121128582
Email: raschwerin@raschwerin.de
Website: www.raschwerin.de
Experte für Family law
Jena
Die Rechtsanwaltskanzlei Steffan Schwerin berät Sie in (fast) allen rechtlichen Lebenslagen. Ich verstehe mich als Dienstleister - getreu dem Motto: Recht haben - Recht durchsetzen - Recht bekommen, berate ich meine Mandanten und wir erarbeiten gemeinsam einen Lösungsweg. Ich vertrete Ihre Interessen außergerichtlich und auch gerichtlich. Ich arbeite vorzugsweise in den Rechtsgebieten Internetrecht, Arbeitsrecht, Sozialrecht, Mietrecht, aber auch im Familien-, Erb- und Strafrecht. Einen weiteren Schwerpunkt bildet das Vertragsrecht (Mietverträge, Leihverträge, Eheverträge, Kaufverträge, Darlehensverträge, Leasingverträge, Werkverträge, Dienstleistungsverträge, Arbeitsverträge, Aufhebungsverträge, Geheimhaltungsvereinbarungen, Kooperationsvereinbarungen, Bauverträge, Allgemeine Geschäftsbedingungen - AGB); hier prüfe ich bestehende Verträge und AGB für Sie oder erstelle Verträge und AGB nach Ihren Anforderungen. Darüber hinaus sind auch Gewerbetreibende, Freiberufler und Unternehmen angesprochen, sich durch meine Kanzlei beraten und vertreten zu lassen.
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