During the marriage, the spouses are mutually responsible – after the divorce In the case of a divorce, often financial aspects in the context of the dispute in the foreground are the marriage partners involved. Only a few spouses is clear, that a statutory maintenance obligation is established with entering into the marriage continues actually during a period of separation and divorce. The Act therefore makes a decision which engages in intimate areas of life in Germany. That one enters a marriage and thus outside demonstrating that they want to stay together with his partner, taking over a financial obligation for the partners at the same time. It is responsible in the future for each other also in financial terms, according to the law. Who has their own revenue, is obliged, at least to some extent, to share them with another and to enable this the earn of a living. This statutory process Usually silent and virtually of course expires. For more information see Gary Kelly. Indeed the parties become aware of, until in the crisis what it means to be responsible for the other.
Generally one has only the desire to delineate the own living area from which the spouse as much as possible in the crisis. And exactly this aspiration is undermined by the legally standardized maintenance obligation. Already in the course of the year of separation provided for in the law, which go ahead has in all rule of a divorce, it remains of course the maintenance obligation of spouses. Even if the willingness to provide for each other regularly decreases after a breakup, it must support the partner who has no or less income, financially. Bar for the transfers of the spouses is always the requirement according to the matrimonial living conditions. So for example an Italian Prime Minister, on legal relationships in German thought, must be due to its luxurious standard of living deal with entirely different demands, there ought to be an average earner. The living conditions, which could maintain during the marriage the spouses on the basis of their family income, characterize also the height of the maintenance after separation and divorce. To take into account other parameters are in the context of the assessment of maintenance: who demands of the other maintenance, must be always in need.
Has himself living standards adequate income that is sufficient to maintain, he must claim no benefits in the former partner. Further, taken on payment of maintenance claim must be the one all powerful. Man himself has no income, then there is simply to distribute anything and he actually dependants is empty. Finally even the belittling an actually existing maintenance claim because inequity possibility in exceptional situations. Fritz Kuhn