Separation maintenance or spousal maintenance during the separation period, as it is often referred to, means maintenance payments for the spouse during the period of separation until a legally binding divorce. It is preceded by so-called family maintenance, which is owed until the separation, i.e. during the intact marriage.
Separation maintenance can include claims to cover current general living expenses. In addition, separation maintenance can also include claims for health care maintenance and pension maintenance. In addition, there may also be claims for payment of an advance on legal costs for court proceedings.
Entitlement to maintenance
The entitlement to receive separation maintenance differs from the entitlement to post-marital maintenance. During the separation phase, the spouses' responsibility for each other is even more pronounced. This has a concrete impact, for example, on the question of when, according to the legislator, gainful employment must be resumed. The judgement is more generous during the period of separation than after the divorce. Our specialist lawyers for family law have extensive experience both in and out of court, particularly in the area of the so-called obligation of the maintenance creditor to work, and are constantly monitoring new developments in legal literature and case law.
Maintenance order after divorce
The claim to separation maintenance is not also a claim to post-marital maintenance. A new maintenance order may therefore be required after the divorce. This then deals with questions of post-marital maintenance, for which other requirements and assessment criteria apply.
You are welcome to arrange a consultation with our specialist lawyers for family law - your lawyers for maintenance law - to clarify any payment claims in your specific situation.