How does alimony work in Germany?

German maintenance law recognizes a variety of maintenance obligations, benefiting children, ex-partners, and parents among others. One of the fundamental principles is that only a person in need can demand maintenance from someone capable of providing it. In this article, you will find an overview of the types of maintenance available in Germany, how to receive maintenance (you must claim it), and what you should consider when making private maintenance agreements.

What alimony types are there in Germany?

• spousal support during marriage (in German: "Familienunterhalt"): This pertains to the financial responsibility that spouses have towards each other while they are married. It's based on the shared responsibility for the family.

• child support after separation and divorce (in German: "Kindesunterhalt"): This is the obligation parents have to financially support their children after a separation or divorce.

• separation support (in German: "Trennungsunterhalt"): This refers to the financial support one spouse might have to provide to the other after separation but before a divorce.

• post-marital maintenance (in German: "nachehelicher Unterhalt" or "Ehegattenunterhalt"): After divorce, one spouse might have to continue providing financial support to the other, especially if there are disparities in their incomes or if one spouse sacrificed career opportunities for the family.

• maintenance for parents (in German: "Elternunterhalt"): In certain circumstances, adult children might be required to financially support their parents, especially if the parents are in need and the children have the means to provide assistance.

• maintenance between parents of a non-marital child: This refers to the financial responsibility that parents of a child born out of wedlock might have towards each other, primarily to ensure the well-being of the child.

These maintenance obligations are based on various legal principles, like solidarity within the family, the welfare of children, and ensuring that individuals do not face undue hardship after major life events like separation or divorce.

Spousal support

During the marriage, spouses are obliged to adequately support the family through their work and assets. If one spouse is entrusted with household management, they usually fulfill their maintenance obligation through it and often the associated care of the children.

Child support

After a separation, parents are obliged to provide maintenance for their children. The parent who looks after the child in their household meets their obligation by providing the child with accommodation and food. The other parent, who doesn't constantly take care of the child, pays cash maintenance. Care and cash maintenance are considered equivalent. The amount of maintenance is determined according to the Düsseldorf Table. The relevant income is not the one from the payslip, but a reduced one (where additional income, from rent for example, can increase the income). 

The maintenance obligation exists:

• for minor children anytime,
• for adult children up to the age of 21 who are in school or vocational training and live in a parent's household,
• for adult children who continue vocational training after the age of 21,
• for children with disabilities.

If the obligated parent doesn't pay or pays insufficient child support, the caregiving parent can apply for an advance at the Youth Welfare Office. However, the office will try to recover the costs from the obligated parent.

Separation support

When spouses separate, the needy spouse is entitled to separation support during the separation period. The amount depends on the standard of living during the marriage and whether the needy spouse can be reasonably expected to work.

If there are no children to care for and both partners are capable of working to a similar extent, separation support might not be necessary.

Post-marital maintenance

After divorce in Germany, ex-spouses are responsible for themselves. A claim for post-marital maintenance exists only if one spouse claims disadvantages due to the marriage and cannot reasonably be expected to earn their own living. 

The law describes seven cases where such disadvantages are assumed:

1. Maintenance for the care of a toddler up to the third year of life and beyond if necessary (Betreuungsunterhalt).
2. Maintenance due to age (Altersunterhalt).
3. Maintenance due to illness or infirmity.
4. Maintenance due to unemployment
5. Top-up maintenance if own income is insufficient (Aufstockungsunterhalt).
6. Maintenance during training, further education, or retraining (Ausbildungsunterhalt).
7. Maintenance for special reasons (Unterhalt nach Billigkeit).

Maintenance between parents of a non-marital child

If the parents are not married, the father must provide maintenance for the mother for 

• six weeks before 
• and eight weeks after childbirth. 

If the mother can't work due to illness after giving birth, the father must also provide maintenance beyond eight weeks. The same applies if the mother cannot be expected to work for up to three years after the birth due to child care.

Maintenance for parents

Children also have maintenance obligations towards their parents. If a parent becomes needy due to the need for care or placement in a nursing or retirement home, the children are obliged to provide maintenance. If the social assistance provider assumes the costs, the children have to reimburse the costs if their assessable income exceeds €100,000 net annually.

How Do I Get the Maintenance?

Those entitled to maintenance depend on knowing the financial circumstances of the obligated person. Therefore, relatives entitled to maintenance must provide information about their income and assets. If this is denied, legal action must be taken. To speed things up, family courts can directly request information from employers, pension institutions, and tax offices. This can be requested every two years.

Professional Online Alimony Calculation by iurFRIEND

If you're claiming maintenance, it's advisable to have a professional calculation made in advance. Before making or dealing with a maintenance claim, you should have a professional calculation. This ensures negotiations are realistic. It's crucial to avoid unnecessary disputes. It's essential to reject unjustified claims based on law.

Are (Private) Maintenance Agreements Allowed?

Legal proceedings for maintenance can be lengthy. Therefore, it's beneficial for both parties to set out maintenance obligations in an agreement. This can avoid time-consuming, nerve-wracking, and expensive legal disputes. 

In the event of a divorce, a so-called divorce consequences agreement is suitable. This can legally define maintenance. 

Alternatively, parties can agree in writing without involving courts and lawyers. However, both parties can revoke such agreements.

Free initial assessment of your maintenance case

We always recommend getting professional advice in disputes. However, it might be possible that either there's no claim for maintenance or the amount is clearly negligible. We'd like to help you understand this in advance. Please contact us in English or German using the form below. If there's a claim for (or against) you, we have an English form for a professional maintenance calculation. You can enter your information right in there, save it and send it back to us.

I look forward to your message!

Best regards,

Oliver Worms