Separation maintenance / post-divorce maintenance
October 25, 2012 | 30,00 EUR | answered by Bernhard Müller
Hello,
My wife and I are separated. Our two children (7 and 9) primarily live with my wife and are with me regularly on weekends. Starting next month, I will be paying child support according to the Düsseldorf Table (half of the child benefit deducted, as my wife receives this, 309 euros child support per child).
If my wife (we are not yet divorced) decides to make her own claims - how would they be calculated or how much would it be, both before and after the divorce? My wife works 30 hours a week and earns about 1300 euros net, while I earn 2200 euros net. We have joint debts from the sale of our house, with each of us paying about 200 euros per month.
Thank you in advance!
Kind regards,
M. Böttcher
Dear inquirer,
First, child support is deducted from your salary. 2,200 euros - 2 * 309 euros = 1,582 euros. Then, the difference between your adjusted income and that of your wife is calculated. 1,582 euros - 1,300 euros = 282 euros. Of this, spousal support according to the Düsseldorf table is 3/7 = 120.86 euros.
In southern Germany, there are some courts that do not set spousal support at 3/7, but at 2/5, which would be 112.80 euros. However, most courts operate on the 3/7 rule.
Separation maintenance and post-marital maintenance do not differ in amount. The payments for the house do not affect the calculation, as they are the same for both.
Post-marital maintenance is temporary and only needs to be paid until it is reasonable for your wife to pursue full-time employment. Unfortunately, a specific time frame cannot be provided, as this depends on the individual case. It is particularly important to consider whether the children can be cared for by a full-day school or daycare in the afternoon, or if this responsibility falls on your wife, and what the job market situation is in your region and in your wife's profession.
Best regards
Bernhard Müller Attorney at Law
