Maintenance claim: This is what is behind it and this is how it is calculated

What does alimony mean?

Maintenance entitlement means that a person can claim regular cash payments – so-called alimony – from another person. The legal basis for maintenance claims is the German Civil Code (BGB).

Conditions for claiming maintenance

In order to claim maintenance, a person must be in need. By definition, need is given when the living expenses cannot be met from one’s own income or an existing standard of living can no longer be maintained after a marriage.

On the other hand, the person against whom maintenance is due must also be able to pay the maintenance. The so-called deductible – a fixed minimum amount – also ensures that a person who is responsible for maintenance still has enough money to live on. You can read more about this in our article on deductibles .

Who is entitled to maintenance?

A maintenance claim can usually be asserted by the following persons or groups of persons:

• Children: Minor children are generally entitled to child maintenance from their parents. In addition to the so-called natural maintenance in the form of education, care and provision, this also includes a cash payment. In the case of separated parents, the financial support is usually taken over by the parent with whom the child does not live.
  Children of full age are also entitled to child support in the form of money from both parents as long as they are still at school or in training. You can find more information on this topic in our article “Child support: what you need to know” .
• (Ex-)spouses/registered (ex-)partners: If a married or registered couple separates, the lower-earning partner usually has a maintenance claim against the other in order to be able to maintain the standard of living from the marriage or civil partnership. Up to the point of divorce or dissolution of the civil partnership, it is alimony for the separation, after that it is alimony for the spouse after the marriage. The latter is subject to stricter requirements and subdivisions. For more detailed information, see our related articles on Separation Support and Spousal Support .
• Mother/father of an illegitimate child: If the parents of a child do not or no longer live together, the parent providing care is entitled to child support for the first three years of the child’s life. In exceptional cases, this maintenance claim also applies for longer, for example if adequate care and gainful employment cannot be reconciled. The mother is also entitled to maintenance in the last few weeks of pregnancy if she is no longer able to work as a result. This form of maintenance claim is independent of child maintenance, which is due for the child anyway.
• Direct relatives: You may also be entitled to maintenance from direct relatives. It may be the case, for example, that parents in need of care have a maintenance claim against their children or grandchildren against their grandparents. However, children and (ex) spouses or (ex) life partners and the other parent of an illegitimate child have priority to maintenance claims over other relatives.
  Note: Maintenance can only be claimed in the ascending or descending line, which means that there is no claim between siblings.

How is the maintenance claim calculated?

The amount of the maintenance claim depends primarily on the income and living conditions of the persons involved and must usually be calculated individually. Child maintenance is an exception. This is subject to minimum limits and also depends on the age of the child. The amount of child support is normally based on the Düsseldorf table drawn up by the court. You can find more information about this specific guideline in our article “Düsseldorf Table” .

How long is a maintenance claim valid?

In principle, children are entitled to maintenance until they can earn their own living. Against this background, adult children in particular are encouraged to complete an apprenticeship or study purposefully so that they are not dependent on their parents for too long.

There is only a time limit on the maintenance claim for the maintenance maintenance already mentioned. It is usually valid until the third birthday of a child whose parents do not live together. In this case, the parent caring for the child is entitled to maintenance.

In general, there is no maintenance claim as soon as the beneficiary is able to earn his own living or to maintain the accustomed standard of living. This is particularly the case when there is a change in income or when a new marriage or partnership occurs.

A maintenance claim can also be forfeited, for example through misconduct such as psychoterror towards the maintenance debtor. Deliberately bringing about a maintenance claim, for example if the entitled person could work more than they actually do, can lead to the forfeiture of the maintenance claim. This is to prevent an entitled person from “cheating” an eternal maintenance claim. Before the principle of self-responsibility, an entitled person should always strive to stand on their own two feet as quickly as possible.