Separation maintenance
October 15, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My sister, 71 years old, married for 50 years, receives a minimum pension of 620.00 euros and her "ex-husband" is moving into a condominium that he quickly bought and a truck as of 1.11. He is a self-employed transport contractor, with his son employed by him.
Now he does not want to pay any separation allowance to my sister.
It could get even worse; he is transferring the transport company to his son, then he will only have an official pension of 1,200.00.
It cannot be that after 50 years of marriage, she does not even receive separation allowance, can it?
Thank you in advance.
Dear Seeker,
Thank you for your inquiry, which I would be happy to answer as follows:
A claim for separation maintenance exists when the husband earns more than the wife.
You have not provided information about the husband's income, so I cannot say much about this. However, based on your information, it appears that the husband at least has a considerable amount of assets that he now wants to quickly spend in order to avoid his maintenance obligation.
Such behavior is generally impermissible according to § 242 of the German Civil Code, according to the case law of the Federal Court of Justice (keyword "intentional disadvantage of creditors"). However, the circumstances of the individual case are crucial. Your acquaintance should consult a local lawyer experienced in family law as soon as the issue of separation maintenance becomes acute.
It would then need to be finally examined whether there is impermissible creditor disadvantage by the husband.
I would like to point out the following:
The legal information I have provided is based solely on the details you have provided. My response is merely an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful to you. You are welcome to contact me via my email address or the option for further inquiries.
I wish you a pleasant Friday afternoon!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax: 0471/140244
