Maintenance if newly married
It is easier to live with maintenance. If you are newly married, your ex-partner will also ask himself whether and to what extent he still has to pay maintenance to you.
Before you allow yourself to be seduced again and remarry, consider the effects on you by yours Ex partner show the maintenance paid.
Post-marital maintenance expires with remarriage
- First of all: If you are newly married, the legal entitlement of a divorced spouse to maintenance expires unconditionally when you remarry. This is what the law says: ยง 1586 BGB.
- After all, since you are newly married, you are now entitled to maintenance from your new spouse.
- Of course, maintenance obligations for your children, as well as custody and access rights, remain unaffected when you are newly married.
- You need to know that post-marital maintenance claims have recently become the exception and no longer the rule as it used to be. The principle of individual responsibility. So it is also your responsibility if you get married again.
Maintenance to the wife - this is how you calculate the amount of the claim
As a wife, when you separate from your spouse, you are entitled to ...
Be careful with solidified cohabitation
- As a dependent, you can lose your entitlement to maintenance as soon as you have "solidified cohabitation" for at least 2-3 years. What is decisive is the common life planning, the common appearance in public, the common Standing up for one another in financial matters and in cases of illness and integrating into it Family life. A shared apartment is not necessary for this.
- Even if you are not married as a mother, you are not entitled to maintenance if you get married (BGH Az.: XII ZR 183/02).
Waiver contracts are not always effective
- You should know that there is a maintenance waiver contract before the divorce is only effective if you have concluded the agreement by a notary or in court proceedings in matrimonial matters. Maintenance waiver contracts concluded before 2008 remain in effect.
- After the divorce, you can conclude a maintenance waiver contract without notarial certification, provided that the person liable for maintenance does not become a social case.
- If you are newly married, you benefit from spouse splitting for tax purposes.
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