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NewsThe period of spousal support in Germany after a divorce - the...

The period of spousal support in Germany after a divorce – the lawyer answers

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– Hello, dear The Eastern Heraldemployees and Mr. Britanov!

I was tired of my husband’s betrayals and decided to divorce. During the 14 years that I spent in Germany, I did not work. By education – a psychologist. Diploma not validated. At one point, my husband insisted that I stay home and help him with his business. I take calls, do preparatory work for accounting. Designed for a minijob. After the divorce, I will lose this opportunity. I want to become a physical trainer. I have already taken several courses, but I have no income yet.

We have a common son who is 10 years old.

Please tell me how long after the divorce I can expect support from husband ? What are the chances that the son will be left with his husband? Their relationship is normal, but the husband is “married to his business”. I mainly took care of my son. Is it true that in this situation I will be obliged to pay alimony to my husband?

I will add that he is a very rich man. He works in the field of advice and taxation.

May A., Munich.

“Dear Maya!

Since the reform of German family law fifteen years ago, the need for marital solidarity after marriage has been considerably reduced. The first principle – once and for all – no longer applies. Society evolves and the law evolves with it. In general, after the dissolution of the marriage, the spouses are now each responsible for themselves.

There are exceptions to this assumption. Especially, maintenance by spouse after the marriage, it is necessary to take care of the children if necessary. In any case – if the child is not yet three years old. Further – depending on the circumstances of the case and at the discretion of the court. The need to care for a ten-year-old child will already be critically considered.

Another reason for which the spouse receives alimony after the dissolution of the marriage is education, if it was marital life that prevented the receipt of such education earlier.

In addition, we have skipped the separation stage – the period between the separation of the spouses and the formal dissolution of the marriage. This stage can last two or three years. And the financial support of the spouse during this period is required if there is a difference in income. The principle of solidarity between spouses is still fully in force there.

As for who the child will stay with, the mother in our society and in the situation described has every chance of letting the child live with her. Child support is paid by the parent who does not live with the child. If the father stays with the child, the mother must also pay child support. The exception is where the parents who stay with the children have significantly (several times) more income than the other parent.

And of course, when considering the issues of life after marriage, one should not overlook the issues of the distribution of retirement savings and the issues of the distribution of wealth acquired in marriage. In any case, you need a family lawyer to solve all the problems.

Lawyer Irina GERMAN,

lawyer Maxime BRITANOV,

Fachanwalt für Familienrecht / Fachanwalt für Migrationsrecht,

Law Factory law firm

Britanow & Dr. Hirsch

Such. : +49(0)69 26 49 22420

www.lawfactory-frankfurt.de

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Copyright © 2023 The Eastern Herald.

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Russia Desk
Russia Desk
The Eastern Herald’s Russia Desk validates the stories published under this byline. That includes editorials, news stories, letters to the editor, and multimedia features on easternherald.com.

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