From when do you have to pay maintenance?

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Constant quarreling, profound conflicts or simply the partners living apart - not every marriage or partnership lasts until divorce through death. From when or The amount of maintenance required by one partner can be found in the guide values ​​in the Düsseldorf table.

Separation can also trigger a maintenance claim.
Separation can also trigger a maintenance claim.

In principle, the more productive of the two partners is liable to the maintenance of the other partner - this must not always being the husband of the separated wife, of course, but in most cases this is (even so. However, there is an obligation to pay alimony only if the person obliged is productive enough.

When a spouse is liable for maintenance

  • There is a mutual maintenance obligation between the spouses both during the marriage and in the case of one separation. Separation maintenance cannot be waived by way of a marriage contract.
  • With the calculation and the question of when or From what level of income a maintenance obligation is given, it may be a. on the so-called deductible.
  • The contains important guidelines for maintenance rates Düsseldorf table. The monthly personal requirements or According to this, the deductible of the maintenance debtor towards the separated spouse is 1,050 euros (as of 2012).
  • The calculation of the specific maintenance claim then differentiates according to whether the person to whom the maintenance is to be paid has his own income or not.
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Calculation of the difference in income

  • For example, is the separated wife liable to support her husband, who is himself? has no income, she has to give him 3/7 of her own income - not quite that Half. This division rule is intended to be an incentive for the maintenance debtor to earn the necessary income.
  • If the dependent part also works, the maintenance claim is calculated from 3/7 of the difference between the two incomes.
  • Here, too, more than half should remain for the person who is obliged to provide maintenance.
  • When it comes to the question of when and how much maintenance is to be paid, the eligibility of earned income is also very important. Debts can be deducted from income under certain circumstances.

If your own income is below the subsistence level, there is no obligation to pay separation maintenance. In individual cases, the calculation depends primarily on how many dependents there are and what amounts can be deducted from one's own income.

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