After a divorce, ex-partners may face two types of maintenance obligations: child maintenance and spousal maintenance. Child maintenance is aimed at ensuring the financial care and upbringing of the children, while spousal maintenance is designed to support the economically weaker ex-partner in building an independent life. Both forms are essential to ensure that the standard of living and future needs of both the children and the ex-partners are secured in a balanced way. Below is an in-depth discussion of the objectives, calculation criteria, and practical and legal considerations for these types of maintenance.
1. Child Maintenance: Purpose and Calculation Criteria
The primary goal of child maintenance is to ensure financial support for the care, upbringing, and development of the children. This includes not only basic needs, such as food, clothing, and housing, but also additional expenses for school, extracurricular activities, and medical costs. The calculation of child maintenance is based on the specific needs of the child, the income and financial capacity of both parents, and any contributions from other caregiving entities such as childcare or additional subsidies. In practice, the non-custodial parent pays maintenance to the parent who primarily takes care of the children. This obligation generally lasts until the child turns 18, but it can be extended until the child reaches 21 if the child is studying or is not yet financially independent. In a shared custody arrangement, where both parents share care, the costs may be divided proportionally instead of a fixed maintenance amount being set.
2. Spousal Maintenance: Support and Duration of Obligation
Spousal maintenance is designed to temporarily financially support the ex-partner who, after the divorce, does not have sufficient income to support themselves. The duration of the marriage plays an important role in this context. Since 2020, the legal duration of maintenance has generally been set to half the length of the marriage, with a maximum of five years. If there are children under the age of 12, this term may be extended until the youngest child reaches 12, which can result in a significantly longer period of financial support in certain cases. The calculation of spousal maintenance is based on the standard of living during the marriage, with a focus on the joint net income and expenditures of both spouses in the years prior to the divorce. Consideration must also be given to the level of economic dependency; if one partner played a significant role in caring for the children or managing the household, this could result in a higher maintenance obligation.
3. Practical Implementation: Detailed Financial Analysis and Future Expectations
To reach a fair maintenance agreement, it is advisable to conduct a detailed financial analysis. This should take into account not only the current income of both parties but also future financial expectations and investment potential. This may involve creating a forecast based on historical income data, market developments, and any expected changes, such as a salary increase or loss of employment. By conducting this comprehensive analysis, the court – or the parties involved in a negotiated agreement – will have a representative view of the actual long-term financial capacity. This approach ensures that the maintenance obligation is not just a snapshot in time but adjusts to economic realities and the changing circumstances of both ex-partners.
4. Legal Review and the Role of the Tremanorms
If the parties fail to reach an agreement regarding maintenance, the court will determine the maintenance based on the national Tremanorms. These norms are based on the premise that during the marriage, a certain percentage of the income was spent on the life needs of the children, so the children’s needs grow in proportion to the parents’ income. For incomes above approximately €6,000 net per month, a different arrangement applies, as the cost of caring for the children does not increase proportionally at higher income levels. The court will look at the financial capacity of both parents and determine whether the non-custodial parent is able to contribute sufficiently to the children’s needs, taking into account the extent to which the custodial parent already contributes within the household. This objective review helps ensure that the final maintenance reflects both the needs of the children and the financial capacity of the parents.
5. Adjustment and Indexing: Dynamics in the Maintenance Arrangement
Once established, child and spousal maintenance amounts are indexed annually on January 1st. This means that the agreed amount is adjusted based on a government-determined percentage, so that the arrangement reflects inflation and changing living costs. Furthermore, it is important that the maintenance arrangement is flexible enough to respond to changes in the financial situation of the parties involved. If there is a significant change, such as unemployment of the maintenance payer or a substantial income increase of the maintenance recipient, a modification of the maintenance can be requested from the court. The final determination of maintenance is then a balance between the needs of the recipient and the financial capacity of the payer, with both parties being encouraged to strive for as much independence as possible after the divorce. This dynamic adjustment ensures that the maintenance arrangement remains fair and relevant to the changing circumstances and contributes to a sustainable financial balance between the ex-partners.
