What Is Self-Retention?
Self-retention (Selbstbehalt) is the minimum amount of income that a support obligor is legally entitled to keep for their own living expenses. It serves as a constitutional safeguard ensuring that the obligor's own subsistence is not jeopardized by support obligations. The concept is rooted in the principle that no one can be required to give more than they can afford without falling below the poverty line themselves.
Self-retention is not a single fixed amount but varies depending on who the support is owed to and whether the obligor is employed. The underlying logic is that different dependants justify different levels of sacrifice from the obligor.
Current Self-Retention Amounts for 2026
The 2026 guidelines set the following self-retention amounts. For employed obligors paying support to minor children, the necessary self-retention (notwendiger Selbstbehalt) is 1,450 euros per month. This amount includes approximately 520 euros allocated for housing costs. For non-employed obligors, the necessary self-retention is 1,200 euros per month.
When the support obligation is toward a current or former spouse, the appropriate self-retention (angemessener Selbstbehalt) is higher at 1,600 euros per month. For obligations toward adult children who are not in the first priority rank, the self-retention is 1,750 euros. These differentiated thresholds reflect the priority hierarchy established by section 1609 of the Civil Code.
Necessary vs. Appropriate Self-Retention
The distinction between necessary and appropriate self-retention is important. Necessary self-retention applies to obligations toward minor children and privileged adult children (those under 21, living with a parent, and attending general education). It is set at a lower level because the law demands a higher degree of sacrifice from obligors when minor children are involved.
Appropriate self-retention applies to obligations toward non-privileged adult children, spouses, and other dependants. It is set higher because the law does not demand the same level of sacrifice for these groups. In practical terms, this means an obligor might be required to pay full support to their minor children even if it leaves them with only 1,450 euros, but they would not be required to reduce their income below 1,600 euros for spousal support.
What Happens When Self-Retention Is Breached
If paying the full support obligation would reduce the obligor's remaining income below the applicable self-retention threshold, a shortfall case (Mangelfall) arises. In this situation, the support payments must be reduced so that the obligor retains at least the self-retention amount.
The available distributable amount is calculated as the obligor's adjusted net income minus the self-retention amount. This available amount is then distributed among the dependants on a proportional basis, with each dependant receiving a fraction corresponding to their share of the total entitlement.
It is important to note that the priority rules under section 1609 BGB apply before the proportional distribution. Minor children are served first. Only if there is surplus beyond the minor children's full entitlement and the obligor's self-retention will lower-ranking dependants such as a divorced spouse receive any payment.
Can Self-Retention Be Adjusted?
Courts have some discretion to adjust self-retention in individual cases. If the obligor's actual housing costs significantly exceed the 520-euro component included in the standard self-retention, the court may increase the threshold. Conversely, if the obligor lives rent-free (for example, in a property they own outright), the court may reduce the self-retention by the notional housing savings.
In cases where the obligor earns substantially more than the minimum but still claims a shortfall, courts may scrutinize the expense deductions closely. Voluntary luxury expenditures, excessive debt payments for non-essential items, or deliberately reduced income (for example, by switching to part-time work without justification) will not be accepted as reasons for reducing support.