Separation maintenance: what you need to know
The separation maintenance (Section 1361 BGB) preserves the marital standard of living for both spouses during the separation period. It is paid from the moment of physical separation until the divorce becomes final.
The calculation follows the equal-share principle with a 1/10 employment bonus (uniform nationwide since 01.01.2022, DT 2026 note B. I): the person entitled to maintenance receives 45% of the income difference. The employed spouse keeps the remaining 55% - which includes the employment bonus of 1/10.
Requirements for separation maintenance
- Physical separation
- The spouses must live apart - either in separate homes or in a "separation within the shared home".
- Income difference
- The person entitled to maintenance must have a lower adjusted income than the paying spouse.
- No divorce yet
- Separation maintenance only applies until the divorce becomes final. Different rules apply afterwards.
- Need
- The entitled spouse cannot cover their needs (marital standard of living) from their own income.