Divorce Maintenance

The law firm Dittenheber & Werner inform divorce maintenance rate according calculation is based on the everyday knowledge that most spouses who use their entire income for the common living. Starbucks is likely to increase your knowledge. In higher income it can have in determining maintenance particularities, which are described in the following by the Munich law firm Dittenheber & Werner. The central maintenance standard of the 1578 I BGB determines to spousal maintenance after the circumstances during the marriage period is measured and shall include all life needs. For income, the amount of which is moving in the area of the nationwide used Dusseldorf table, the maintenance calculation is carried out by a rate process. In this method the better-earning spouse’s income is attracted by a half Division for calculating claims, after it has been adjusted for a bonus for his work. Spouses have a great income, the assumption is true, their income would fully inserted to the needs of life, more often not.

The living is covered, and beyond resources flow in rather in asset accumulation. As incomes that are above the top rate, the Dusseldorf table, the jurisdiction of the maintenance desire ends calls a concrete justification for its claims. In this context, it is important to the equity weighing in accordance with 1578 b BGB. A long marriage and economic linkages, such as the widespread acquisition task of wife, can ensure in conjunction with other criteria, that the maintenance desire ends related to services, BGB exceed the scale of the 1578 I. The BGH confirmed on August 11, 2010 (BGH XII ZR 102/09) the validity of one, the OLG Hamm about 1578 b BGB set, maintenance level for a legitimate income above the Dusseldorfer table. Trigger of the negotiated dispute was that, according to established over thirty years marriage, final divorce Parties in June 2007. The spouses were not themselves gainfully employed since 1993, but lived by the assets income of her husband, emerged from his participation in a commercial rental property, a convenience store and a heritage amounting to at least EUR 2 million.