Application for post-marital maintenance

If the partner refuses to pay maintenance or only pays part of it, it is possible to claim maintenance through the courts. This requires a fee-based application, which can only be submitted by a lawyer.

If you are not in a position to quantify the exact amount of maintenance required - for example, because you do not have any information about the other party's income and assets - you can first request information.

Please contact the family court at the local court that is dealing with the divorce proceedings. If the divorce proceedings have already been concluded, the family court at the local court in whose district the respondent has his/her habitual residence.

• The spouses or civil partners are legally divorced.
• The claimant is in need.
  The income and payment obligations of the partner seeking maintenance and the obligation to work are decisive.
• The defendant is capable of paying.

In the context of court proceedings: in particular proof of income and assets.

Court and lawyer's fees are incurred. The amount of these fees depends on the value of the case as determined by the court.

• §§ Sections 1570 ff of the German Civil Code (BGB)
• §§ Sections 231 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

01.07.2019