Ask a lawyer on the topic of Family law

Spousal support without separation

October 25, 2009 | 30,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

My widowed father remarried at the age of 68. He receives his pension, and his wife receives her own retirement income. Neither of them is in need. They are married under the legal regime of community of accrued gains.

My father now has to live in a nursing home, and after deducting all necessary expenses, there is approximately 750 EUR remaining from his pension. The spouses have not separated.

His wife now insists that she should receive this remaining money in full to support her own living expenses. She plans to save her own retirement income of around 1,400 EUR. She justifies this by claiming that as his wife, she is entitled to support and has a claim to this money.

Is she right?

We would prefer to keep the money in my father's account for future security.

Thank you + best regards.

Steffan Schwerin

Dear questioner,

I will answer the question you asked considering the circumstances described and your input as follows:

Since the father is married here, initially his new wife can also determine the whereabouts of the pension. Therefore, the woman is fundamentally right. However, the reasoning that she is entitled to spousal support is not correct. The spouses are not separated here, but are living in the marriage, except that the father lives in a nursing home. Since the woman receives a relatively high pension, she is not entitled to spousal support initially. In any case, she would have to prove her entitlement to support.

It may also be considered that your father separates from the woman. Then the woman no longer has a claim to the money, as she receives a higher pension.

Otherwise, it is up to your father to decide what happens with the money. If he does not agree to his wife receiving the money, he must clearly express this. The woman cannot claim the money without further notice.

However, it may also be considered appointing a guardian for your father, if the requirements are met. If it is assumed that your father can no longer handle his "affairs" alone, he should be placed under guardianship. Then the guardian decides what happens with the money.

In any case, you should first talk to your father and then decide how to proceed.

I must point out that this platform cannot replace a comprehensive and personal legal consultation. The goal is solely to provide an initial rough assessment of your described legal problem based on the information you have provided by a lawyer. The legal information I provide is based solely on the information you have provided. Adding or omitting relevant information in your description may result in a completely different legal assessment.

I hope I have been able to give you an initial overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am also available for legal representation. The initial consultation fee would be fully credited to you.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.

Sincerely,

Steffan Schwerin
Lawyer

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