Spousal maintenance is not measured by a fixed table but under the equal-sharing principle: what both contributed to the shared standard of living during the marriage is divided. Whoever earns more equalises half the difference.
Basis
How the amount comes about
The starting point is both spouses’ adjusted net incomes. From the payer’s earned income an employment bonus of 1/10 is deducted first (OLG Frankfurt guidelines). The difference in income is halved – that is the maintenance.
Half the difference – the higher earner pays.
The law draws two limits. The minimum subsistence level secures the payer a minimum; below it, the maintenance is smaller. And child maintenance takes priority (§ 1609 BGB): it is deducted from the payer’s income before the spousal maintenance is formed.
Context
Separation, post-marital – and the limits
Until the divorce is final there is separation maintenance (§ 1361 BGB); afterwards only post-marital maintenance, and only with a statutory ground (§§ 1569 ff. BGB), often time-limited (§ 1578b BGB). The calculator reflects the standard case; housing advantage, capital income, health and pension-provision maintenance and the specific assessment of need at high incomes are not included. How the maintenance claims interact is set out on our page on separation & maintenance.
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