Maintenance

Maintenance (Unterhalt) refers to the statutory obligation to provide financial support for another person's living needs. In German family law, the main categories are child maintenance, separation maintenance and post-marital spousal maintenance.

Child maintenance is generally calculated according to the so-called Düsseldorfer Tabelle. The relevant factors are the child's age and the adjusted net income of the parent obliged to pay cash maintenance. Adult children remain entitled to maintenance until they complete an appropriate initial education; in that case, both parents contribute on a pro rata basis according to their respective incomes.

For spousal maintenance, German law distinguishes between separation maintenance during the period of living apart (§ 1361 BGB) and post-marital maintenance after the divorce becomes final (§§ 1569 et seq. BGB). Whether and how much maintenance is owed depends on need, ability to pay, length of the marriage and each spouse's career history. Anyone claiming or paying maintenance should document income and needs carefully and pay close attention to disclosure and forfeiture deadlines.