Obligation to pay alimony of the gehörnten spouse?

You reach woman barrister Anna-Maria Vlachou directly under vlachou@anwalt-fvvs.de (openPR) - after the divorce applies the principle of the self responsibility, which means that after the divorce in principle each spouse has to be responsible for his maintenance.

When the solvent bad A SHANk „marriage “, has the legislator however different facts created discharge, which make it for the needy spouse possible also after the divorce to make valid against the other spouse of claims for alimony. If the divorced spouse cannot be responsible e.g. because of care of children, because of age, because of illness or due to unemployment for his own maintenance, the other spouse is obligated to it to the maintenance - and after the spouses are divorced long.

How does it behave however, if the needy marriage partner risked the marriage, by turning to another partner and an intimate relationship with the new partner maintains Is it to be zuzumuten to the spouse under obligation to pay alimony under these circumstances to render further financial support although this turned, perhaps even during intact marriage, to another partner, which possibly even the reason for the failure of the marriage was Or not rather in such cases did the needy marriage partner incurr the loss each claim for alimony

The legislator actually assumes the obligation to pay alimony is to be void if a marriage partner, under injury that the other marriage partner in relation to owed conjugal allegiance, turns away and turns and is received with this an intimate relationship put on in the long term to another partner.

It does not play a role, whether this happens out from one „intact “marriage, or not. The fact alone is sufficient for the forfeiture of the claim for alimony.

If the marriage remained childless, it remains here.

From the marriage however if children followed, whom the needy marriage partner cares for, a forfeiture of the maintenance is only to that extent possible, when it is compatible with the keeping of the interests of the cared for child.

After strengthened iurisdiction this nothing else is called, maintenance must remain to the child-caring for spouse at least at height of the subsistence level, before of a incurr the loss-conditioned omission or a shortening of the maintenance is to be thought.

The reason lies in the fact that the conjugal misdemeanours of the caring for spouse are not to be added to the child. Also a increased acquisition being incumbent onness is the caring for spouse under these circumstances does not abzuverlangen, since by this the interests of the child were also drawn in.

The reasonableness gainful employment by the hour or of a halbschichtigen depends always first on the concrete needs of the child. In principle however applies: During support of an only child under 10 years only an activity by the hour is reasonable. With an age of 13-15 years a part-time occupation will be usually reasonable. Of the reasonableness a full time occupation can do starting from that 15. /16. Lebensjahr to be gone out.

If you created titles for after-conjugal maintenance in the context of the divorce, let confer, if conditions for an alteration appear possible!

Franc Velten Vlachou swing Haub - attorneys in office community
Woman barrister Anna-Maria Vlachou
Rodheimerstr. 95
35398 pouring
Fon. 0641-9607441 fax. 0641-6868899
Email: vlachou@anwalt-fvvs.de
Homepage: www.anwalt-fvvs.de

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