When a marriage fails, in addition to emotional burdens, significant financial consequences for those involved must be expected. One of the central consequences is what is known as spousal support, which is often fiercely contested. The questions typically revolve around the conditions for spousal support and the amount of the support claim. A legal claim for support payments only exists according to the respective ability to pay. For this, extremely complex calculations are necessary, depending on the life situation.
Therefore, when dealing with spousal support, a distinction must first be made between what is known as separation support and post-marital support. Both types of support are subject to different conditions and must be claimed independently.
During the year of separation, a claim for spousal support generally applies. Spouses are therefore not obliged to work during the year of separation if they did not do so during the marriage. After the year of separation, the obligation to work generally applies, which refers to the duty to pursue professional employment.
After the divorce, the question of the claim for post-marital support arises. Generally, any claim for separation support ends with the divorce. A claim for post-marital support for the former spouse can only be granted in exceptional cases, for example, due to factors that make one's own employment difficult or impossible, such as illness, childcare, or age.
To avoid lengthy court proceedings, the wealthier spouse is often willing to make concessions to keep financial risks as low as possible.
Our experienced family law attorneys in Nuremberg will support you with this sensitive issue, advising you on the potential amount of support and realistically assessing what you are entitled to and what would be enforceable in court if necessary.
