What financial claims do I have in case of a separation?
March 30, 2024 | 40,00 EUR | answered by Marcus Hering
Dear Family Law Attorney,
I am reaching out to you with an urgent question regarding my financial entitlements in the event of a separation. My name is Laura Werner and I have been with my partner for 10 years, of which we have been married for 5 years. We have two children together, aged 3 and 6. Unfortunately, we have decided to separate as our relationship has not been working for some time and we have grown apart.
My husband has been the main breadwinner in our family and I have been taking care of the children and the household. I have not had a job of my own and have been dependent on his income. Now I am worried about my financial future after the separation. What entitlements do I have in terms of maintenance, division of assets, equalization of pension rights, and potential support in childcare?
I want to ensure that my children and I are financially secure after the separation and receive the necessary support. What steps do I need to take to assert my entitlements and what options do I have to reach a fair financial agreement?
I thank you in advance for your support and guidance.
Sincerely,
Laura Werner
Dear Mrs. Werner,
Thank you for your inquiry regarding your financial claims in the event of a separation. I understand your concerns and would like to help you clarify the situation and secure your rights.
First and foremost, it is important to know that as a spouse and mother of two children, you have certain financial claims that can be made in the event of a separation or divorce. These claims include maintenance, division of assets, equalization of pension entitlements, and support for the care of the children.
With regards to maintenance, as a spouse, you generally have a claim to spousal support if you have not had any or only minimal income during the marriage and are financially dependent on your husband. This support is intended to ensure your reasonable living expenses even after the separation. Additionally, as the mother of the children, you have a claim for child support, which is intended for the care and support of the children.
Furthermore, there is the right to equalization of assets, which ensures that both spouses are entitled to a share of the assets acquired during the marriage, especially the assets built up during the marriage.
Regarding the equalization of pension entitlements, as a spouse, you also have the right to a fair share of the pension entitlements acquired during the marriage.
To assert your claims, you should consult a family law attorney who can assist you in enforcing your rights. Your attorney will conduct a thorough analysis of your financial situation and work with you to come up with a fair solution that appropriately considers your interests and those of your children.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Best regards,
Marcus Hering
