Separation support in Germany – how much, how long, for whom?

One requirement to get divorced in Germany is the one year’s separation. Couples have to live apart for at least 365 days before one of them can file the divorce. If just one partner did work the other one may wonder how to financially survive during that year (and possibly longer). Don’t worry. Partners who got separated and are of less income can apply for separation support (Trennungsunterhalt) to pay by their yet partners. The whole german alimony system is based on the idea of marital solidarity – even if you split up, your yet partner is still responsible for you. Find here how much separation support you could get, how long and how the situation is if both partners are working and both of your salaries are the same?

Who can get separation support by german law?

You can get separation support when you are living and residing in Germany. Neither your citizenship, your nationality or the place of your marriage change that fact. Of course you could try to find a solution with your partner according to the law of another country. Though if it is urgent, applying for alimony based on german law helps you sooner.

Having child support and separation support calculate at once?

If you have children you should combine the calculation of child support and separation support. You can apply for both things from day 1 of your separation. Your benefits are

• gaining time (your partner has to provide information on his financial situation)
• and the correct order of these two calculations – child support must be paid in the first place.

Only if there is still money for separation support, this one can be calculated.

If you want to get child support for your child later, everything has to be recalculated.

What are the requirements to get separation support?

You can get separation support, if

• you live apart and have terminated your common household,
• you are needy and
• your yet partner’s income is higher than yours.

You might not receive separation support, if

• your marriage went only one or two years,
• your pay is equal,
• your partner’s income is higher but too low for his own maintenance,
• your partner’s income can satisfy the child support only or
• you have a new partner and live with him or her as you would do in a marriage.

How to calculate separation support?

The amount of maintenance depends on both of your salaries and income of the recent 12 months. Ifo ne income has been lower than the second, the partner of lesser income gets 40-45% of the difference.

Note: The calculation is not corresponding to the amount of salary that you find on your salary slips. It is neither the „Bruttoeinkommen“ nor the „Nettoeinkommen“. The income to be calculated with is your total salary (plus income) minus

• taxes,
• social insurance contributions,
• debts (depends on what kind),
• old-age provision and
• child support, if any.

How long you can receive separation support?

And when would you need to work again?

If you have not worked during the marriage, you do not need to work in the one year’s separation. If you have worked part-time so far, you don’t need to work full-time now. On the other hand, you can not quit a job just because you want to get separation support.

If you have worked during the marriage and do not have minors to care for, you should try to find a job after six months. If you have not worked during the whole marriage you can wait until the end of the one year’s separation.

In the moment you get divorced the separation support needs no longer to be paid. It can be replaced by the post-marital spouse support. The requirements for that are different, as well as its amount.

Good to know: One-time compensation does not replace monthly separation support

The partner of higher income can not pay the separation support of let’s say 12 month in advance. The other partner can claim for monthly payings.

Can you forego your claim to separation support?

You can not forego to this type of alimony. Even if you sign a letter saying you would forego you could still demand separation support.

If you and your current partner would like to prepare for modalities of a separation, you can settle a separation consequences agreement. Such a paper would document, in case of a separation,

• who would move out of your house,
• that and how much separation support will be paid and
• how to divide household goods.

A separation consequences agreement paves the way to an uncontested divorce.

Who can calculate separation support in Germany?

The partner of higher income does not automatically have to pay separation support to the other one. Separation support has to be asked for. Given that, you have to know the exact amount you are asking for.

In Germany, separation support can be calculated by attorneys. He or she can tell you anyway if you can claim to maintenance at all. It is possible that there is no claim if for example both incomes are equal.

If your yet partner does not want to pay, an attorney can help you to enforce your rights.

Calculating maintenance by german law

When you live in Germany you can claim for separation support by german law, as well as you can file the divorce by german law. Feel free to ask your questions via the contact form below this article.

You can ask us also for the english version of our application form (PDF) for alimony calculation that you fill in with the necessary information and send it back to us. We are glad to hear from you soon.

Yours sincerely,

Oliver Worms