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=S=> BGB 1577. 1 The divorced spouse may not demand the maintenance under sections 1570 to 1573 , 1575 and 1576 as long as and to the extent that he can maintain himself from his income and his property .
=S=> BGB 1577. 2 Income is not to be taken into account to the extent that the person obliged is not paying the full maintenance ( sections 1578 and 1578b ) . Income that exceeds the full maintenance is to be taken into account to the extent that this is equitable , with regard to the financial circumstances of both spouses .
=S=> BGB 1577. 3 The person entitled 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 .
=S=> BGB 1577. 4 If at the date of the divorce it was to be expected that the maintenance of the person entitled would be secured with lasting effect from his assets , but the assets subsequently no longer exist , there is no claim to maintenance . This does not apply if at the time when the assets cease to exist the spouse cannot be expected to undertake gainful employment by reason of the care for or upbringing of a child of the spouses .
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