Following a recital of reasonableness in accordance with 1578 b BGB, the first instance of the divorced spouse approved to a post-divorce maintenance need in monthly volume of 3195 as reasonable life needs until the year 2014. At the end of this period, the maintenance requirement is set to 2200. Typical cost of living, the claim included the cost for a riding horse, so that the dependants could continue their hobby of riding operated at times of marriage. The controversial maintenance amount was confirmed by the Federal Court of Justice, taking into account the matrimonial living conditions. Due to her marriage-related task of work as secretaries were the spouse through marriage unaufholbare disadvantages in their professional development and retirement has been added to.
Justify the lasting nature of these disadvantages in the context of an equity weighing in accordance with 1578 b BGB both the valid until 2014 maintenance supplies amounting to 3195 as also the later, unlimited valid needs of 2200 per month. In particular would have to find two children and the outstanding assets and income of the spouses in the statutory reasonableness consideration an appropriate consideration about thirty-year marriage period, education. Continue to the spouse due to the long duration of the marriage had a worthy trust in common, now be nonrepresentational through divorce, life planning with their spouses, which she have sought no their own retirement. This circumstance was to take into account a permanent maintenance claim. Described the Bundesgerichtshof judgment makes very clear that through the post-divorce support compensation of justified interests of the former spouses to come, their reality of life taken into account.
In this context, the equity weighing acts as a corrective, which allows the Court to incorporate the individual circumstances of the former spouse in extent and limitation of the maintenance service after 1578 b BGB. Great wealth, a long marriage life and marriage handicaps on the side of keep desire ends maintenance can be in the individual case reasonable, which is determined, amounts much higher than in the usual rate procedure. In any case representation by an experienced lawyer is all parties involved in the maintenance assessment recommended, which expresses their individual interests through a goal-oriented reasoning. The team of Munich law firm Dittenheber & Werner is available for current information about family law and a professional legal advice at any time. Press contact Dittenheber & Werner lawyers law firm contact person: Gunther Werner Pettenkoferstrasse 44 80336 Munich Tel.: 0 89 – 54 34 48 30 fax: 0 89 – 54 34 48 33 E: mail: Homepage: