Spousal Support, Child Support & Parental Support: A Guide to Maintenance under German Family Law
Maintenance obligations play a central role in German family law. Whether it’s spousal support, child support, or parental support – each form of maintenance comes with specific conditions. This overview helps you understand your rights and obligations after a separation or divorce.
Spousal Support During Separation: What is Separation Maintenance?
During the separation phase, a financially weaker spouse may be entitled to separation maintenance. This ensures continued financial stability until the divorce becomes final. Once the divorce is official, the right to separation support ends – unless the criteria for post-divorce spousal support are met.
Post-Divorce Spousal Support: When Are You Entitled to Alimony?
Post-divorce maintenance is not automatic. To qualify, one of the legal grounds for support must be met. Common scenarios include:
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Childcare-related maintenance for a parent caring for young children
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Maintenance due to illness or age
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Compensatory (or supplementary) support, if one spouse cannot maintain the standard of living after divorce
Each claim must be asserted separately. A professional review of your situation will determine whether you are entitled to or required to pay alimony after divorce.
Child Support in Germany: How the Düsseldorf Table Applies
Children are always entitled to child maintenance, regardless of the marital status of the parents. The parent who does not live with the child usually pays cash support, while the other provides care support.
The Düsseldorf Table is the standard used to calculate child support. It considers:
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The age of the child
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The net income of the paying parent
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Adjustments for child benefit and the payer’s financial threshold (self-retention)
Each case must be assessed individually to ensure a fair result.
Parental Maintenance: Can Children Be Liable for Their Parents?
Parents in need of long-term care may rely on parental support from their children if their own income or savings are insufficient. The social welfare office may request contributions from adult children – but income thresholds and exemptions apply.
Let a Family Lawyer Help You Calculate Your Maintenance Rights
Whether it’s separation maintenance, post-divorce spousal support, child support, or parental support – each case is unique. A legal consultation will help you calculate your maintenance entitlement and avoid financial risks.