When Is Spousal Support Owed?
Spousal support after divorce (nachehelicher Unterhalt) is not automatic in Germany. The general principle established in section 1569 of the Civil Code is that each spouse is responsible for their own livelihood after divorce. However, exceptions apply when one spouse cannot be expected to fully support themselves due to specific circumstances.
The law recognizes several grounds for post-marital support: care of a common child (section 1570 BGB), advanced age (section 1571), illness or disability (section 1572), unemployment despite reasonable efforts (section 1573), supplementary support when own income is insufficient (section 1573 paragraph 2), and education or retraining (section 1575). The most commonly invoked ground is childcare, which applies when the custodial parent cannot work full-time due to caring for young children.
The 3/7 Difference Method
The standard method for calculating spousal support in Germany is the so-called 3/7 difference method (Drittelmethode or Differenzmethode). It works as follows. First, both spouses' adjusted net incomes are determined. If either spouse pays child support, those payments are deducted from their income first.
If only the obligor is employed, the calculation is straightforward: the obligor receives a 1/7 employment bonus (Erwerbstätigenbonus) from their own adjusted income, and the remaining 6/7 is divided equally. The claimant receives 3/7 of the obligor's adjusted income.
If both spouses are employed, the employment bonus of 1/7 is applied to each spouse's income separately. The spousal support is then 3/7 of the difference between the two adjusted incomes (after deducting child support and applying the employment bonus). This ensures that the higher-earning spouse supports the lower-earning spouse while both benefit from work incentives.
The Employment Bonus (Erwerbstätigenbonus)
The employment bonus of 1/7 is a deduction applied to the income of each employed spouse before the difference calculation. Its purpose is to reward employment and ensure that working spouses retain a slightly larger share of their income compared to a simple 50/50 split.
For example, if the obligor earns 4,000 euros after deducting child support, the employment bonus is 4,000 divided by 7, which equals approximately 571 euros. The remaining 3,429 euros enters the difference calculation. If the claimant earns 1,500 euros, their employment bonus is approximately 214 euros, leaving 1,286 euros. The difference is 3,429 minus 1,286 equals 2,143 euros. The spousal support is 3/7 of 2,143, which is approximately 918 euros per month.
Self-Retention for Spousal Support
The obligor must retain at least 1,600 euros per month when paying spousal support (the appropriate self-retention). This is higher than the 1,450-euro threshold for child support because spousal obligations are ranked lower than those toward minor children.
If paying the calculated spousal support would reduce the obligor's income below 1,600 euros, the spousal support is reduced to whatever amount allows the obligor to retain exactly 1,600 euros. If the obligor's remaining income after child support is already at or below 1,600 euros, no spousal support is payable at all.
Duration and Limitation of Spousal Support
Post-marital spousal support is generally not unlimited. Courts increasingly limit support to a reasonable transition period, during which the claimant is expected to achieve economic independence. The duration depends on the grounds for the claim, the length of the marriage, the age of the children, and the claimant's employment prospects.
For childcare-based claims, support typically continues until the youngest child reaches age 3, at which point the custodial parent is expected to work at least part-time. As the child grows older, the expected working hours increase. For claims based on unemployment, courts typically allow two to five years for retraining and job search, depending on age and qualifications.
In cases of very long marriages (typically over 20 years), where one spouse sacrificed their career for the family, courts may award support for an extended period or even indefinitely. However, even these long-term awards are subject to modification if circumstances change significantly.
Exceptions and Special Cases
Support may be denied or reduced if the claimant was responsible for the marriage breakdown (for example, through adultery that caused the separation), if the claimant has formed a new long-term partnership (consolidated relationship or Verfestigte Lebensgemeinschaft, typically after two to three years), or if the claimant has failed to make reasonable efforts to achieve self-sufficiency.
Additionally, the parties may have entered into a prenuptial or postnuptial agreement that modifies or waives spousal support. Such agreements are generally enforceable provided they do not leave one spouse in financial hardship and were entered into voluntarily with full knowledge of the consequences.