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EnglischBGB 1581 If the person obliged , with regard to his earnings and property situation , taking into account his other duties , is unable without endangering his own appropriate maintenance to pay maintenance to the person entitled , he need pay maintenance only to the extent that is equitable , taking into account the needs and the earnings and property situation of the divorced spouses . He need not realise the basic assets to the extent that the realisation would be uneconomical or , taking into account the financial circumstances of both spouses , inequitable .