Compensatory maintenance
The claim to compensatory maintenance , statutory supplementary maintenance ( Section 1573 (2) BGB) is one of the post-marital maintenance claims . It presupposes that the divorced person's income from reasonable employment is insufficient for full maintenance and is aimed at the difference between the income and full maintenance. In this respect, it is intended to compensate for any continuing disadvantages caused by the marriage, in particular giving up gainful employment on the occasion of the marriage.
The compensatory maintenance is intended to guarantee a divorced spouse the standard of living that he enjoyed during the marriage. Depending on the individual case, this guarantee is valid for a lifetime. The supplementary maintenance often goes far beyond the subsistence level necessary for the recipient's life . The compensation maintenance belongs to the pension adjustment and the gain balance to the often controversial claims in divorce a marriage .
On December 13, 2012, the majority in the Bundestag resolved to amend Section 1578b of the German Civil Code, which since January 1, 2008 has taken into account the duration of the marriage for the duration of the entitlement to compensatory maintenance.
Individual evidence
- ↑ draft law of the federal government BT-Drs. 17/11885 of December 12, 2012 (PDF; 196 kB)
- ↑ Herbert Grziwotz: Maintenance law should take into account the duration of the marriage. Traditional model cements LTO , December 14, 2012