Post-marital maintenance: the principle of self-responsibility
After a divorce, the principle of self-responsibility applies (§ 1569 BGB): each ex-partner must, in principle, provide for their own living expenses. Maintenance is only granted for certain statutory reasons.
Post-marital maintenance is calculated using the equal-share principle: 10% of both adjusted incomes remains exempt as an employment bonus, and the remainder is split equally between both partners — so the entitled spouse receives 45% of the income difference. The former 3/7 method (1/7 bonus) was replaced nationwide by a 2019 Federal Court of Justice (BGH) ruling, effective 1 January 2022.
The 6 grounds for maintenance after divorce
- Childcare maintenance (§ 1570 BGB)
- For caring for joint children. At least until the child turns 3, then assessed case by case.
- Old-age maintenance (§ 1571 BGB)
- When employment can no longer reasonably be expected at the time of the divorce (retirement age).
- Illness maintenance (§ 1572 BGB)
- For reduced earning capacity due to illness or disability at the time of the divorce.
- Top-up maintenance (§ 1573 (2) BGB)
- Compensation up to the marital standard of living when one’s own income is not sufficient.