BlogKarcher RechtsanwälteFamily law · Frankfurt

Maintenance on a high income: where the percentage method ends

With two incomes from the finance industry, a family’s income quickly rises above what the Düsseldorf table still covers. At that point, the calculation changes fundamentally. Instead of a share of income, what counts is what the family actually spent on living, and the spouse claiming maintenance has to prove it.

Mieke KarcherAttorney at law · · About 4 minutes

In short

Under the 2026 maintenance guidelines of the Higher Regional Court of Frankfurt (Unterhaltsgrundsätze des OLG Frankfurt), the percentage method (Quotenunterhalt) applies up to a need of €5,040 a month. Anyone claiming more has to prove the need in detail, and reasonable savings do not count toward it. For children, the 2026 Düsseldorf table lists amounts up to an income of €11,200.

When does an income count as high for maintenance?

Under the maintenance guidelines of the Higher Regional Court of Frankfurt (Unterhaltsgrundsätze des OLG Frankfurt) as of 2026, an income counts as high when the resulting need exceeds €5,040 a month. Up to that need, maintenance can be claimed as a share of income under the percentage method (Quotenunterhalt). Above it, the need has to be proven in detail Frankfurt maintenance guidelines 2026, no. 15.3.

The limit is derived from the highest income figure in the Düsseldorf table, which in 2026 is €11,200 net. For earned income, deducting the employment bonus (Erwerbstätigenbonus) of one tenth leaves €10,080, and half of that is €5,040 Frankfurt maintenance guidelines 2026, no. 15.2. So up to a combined adjusted net earned income of €11,200, the percentage method still applies. The amounts change with the table.

What changes with the specific calculation of need

With the specific calculation of need (konkrete Bedarfsberechnung), what counts is no longer a share of income but the standard of living established during the marriage. The spouse claiming maintenance has to set out, item by item, what they need to live at that level:

  • housing, including utilities and upkeep,
  • household, clothing and personal needs,
  • car, travel and leisure,
  • domestic help, insurance and memberships.

Bank and credit card statements from the period before the separation are the best evidence. If you secure them early, you will not have to reconstruct the standard of living from memory later.

Why savings do not count toward the need

Savings do not count because maintenance covers living needs, and building wealth is not one of them. Reasonable savings and investments made during the marriage were not spent on living, so they do not increase the need.

The standard applied here is objective. If the family lived excessively frugally despite a high income, the court applies the standard of living that would have matched a sensible use of that income. If, on the other hand, the family spent most of its income, the specific need can even exceed what the percentage method would produce, because there is no fixed upper limit.

Does the paying side have to disclose their income?

As a rule, yes: declaring an unlimited ability to pay does not automatically replace disclosure. The Federal Court of Justice held this for child support where the income exceeds the highest group of the Düsseldorf table BGH, decision of September 16, 2020, XII ZB 499/19. Without the actual income figure, the child’s appropriate need cannot be determined in such cases.

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Child support above the Düsseldorf table

The 2026 Düsseldorf table lists amounts up to an income of €11,200 net; above that, a child’s need depends on the circumstances of the individual case. The Federal Court of Justice has allowed a limited extrapolation of the table amounts. It requires, however, an examination of what need is appropriate at that income BGH, decision of September 16, 2020, XII ZB 499/19. How the table works otherwise is explained in Child support: how to read the Düsseldorf table.

Provision maintenance comes on top

After the divorce, provision maintenance (Vorsorgeunterhalt) for retirement provision and health insurance is added to maintenance for ongoing needs § 1578 (2) and (3) BGB. It is owed if the entitled spouse is not adequately covered on their own. During the separation, retirement provision is included from the day the Scheidungsantrag (divorce petition) is served § 1361 (1) sentence 2 BGB. On high incomes, these amounts often make up a considerable share of the total.

How long post-marital maintenance is paid is a separate question, even on a high income. We answer it in Post-marital maintenance: when it ends.

The next step

At our firm, maintenance cases are handled by attorney Mieke Karcher. The first consultation costs up to €190 plus VAT, at most €226.10 in total. If we take on your case, this fee does not apply. How further fees are calculated is explained on our costs page. How bonuses enter the calculation is described in Bonus payments and maintenance: how variable pay counts. Our page on separation and maintenance sets out the overall framework.

Before the confidential first consultation, secure your bank and credit card statements from the last twelve months before the separation. We will tell you whether the percentage method or the specific need applies in your case, and which calculation is more favorable for you.

This post describes the rule, not your case. What applies to you depends on circumstances that no text can cover. For an assessment we need your documents and a conversation.

Is your family income above the table?

60 minutes, at our office or by Zoom. You describe your situation, and we tell you what lies ahead. You are under no obligation to hire us afterwards.

Under § 34 RVG (German Lawyers’ Fees Act), the first consultation costs at most €226.10 including VAT. If we take on your case, this fee does not apply. How the fees are calculated

  • Specific calculation of need
  • Percentage method
  • High income
Mieke KarcherLawyer, admitted since 2010

She handles uncontested and contested divorces as well as maintenance proceedings, and alongside the divorce she also settles parental responsibility and contact, always with an eye on what it means for your family’s everyday life. View profile

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