1976
=U5= Sec1570 -- Section 1570 Maintenance to care for a child
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=S=> BGB 1570. 1 A divorced spouse may demand maintenance from the other , for the care for or upbringing of a child of the spouses , for at least three years after the birth . The duration of the claim to maintenance is extended as long as and to the extent that this is equitable . Here , the concerns of the child and the existing possibilities of childcare are to be taken into account .
=S=> BGB 1570. 2 The duration of the maintenance claim is further extended if , taking into account the arrangement of childcare and gainful employment in the marriage and the duration of the marriage , this is equitable .
=U5= Sec1571 -- Section 1571 Maintenance by reason of old age
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=S=> BGB 1571 A divorced spouse may demand maintenance of the other to the extent that , at the date of the divorce , of the end of the care or upbringing of a child of the spouses or of the lapse of the requirements for a claim to maintenance under sections 1572 and 1573 gainful employment may no longer be expected of him by reason of his age .
=U5= Sec1572 -- Section 1572 Maintenance for illness or infirmity
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=S=> BGB 1572 A divorced spouse may demand maintenance of the other , as long as and to the extent that , from the date of the divorce , of the end of the care or upbringing of a child of the spouses or of the end of training , further training or retraining , or of the lapse of the requirements for a claim to maintenance under section 1573 onwards no gainful employment may be expected , by reason of illness or other infirmities or weakness of his physical or mental capacity .
=U5= Sec1573 -- Section 1573 Maintenance for unemployment and topping-up maintenance
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=S=> BGB 1573. 1 To the extent that a divorced spouse has no maintenance claim under sections 1570 to 1572 , he may nevertheless demand maintenance as long as and to the extent that he is not able to find appropriate gainful employment after the divorce .
=S=> BGB 1573. 2 If the income from appropriate gainful employment is not sufficient for complete maintenance ( section 1578 ) , he may , to the extent that he does not already have a maintenance claim under sections 1570 to 1572 , demand the differential amount between the income and full maintenance .
=S=> BGB 1573. 3 Subsections ( 1 ) and ( 2 ) apply with the necessary modifications if maintenance was to be granted under sections 1570 to 1572 and 1575 but the requirements of this provision have ceased to apply .
=S=> BGB 1573. 4 The divorced spouse may also demand maintenance if the income from appropriate gainful employment ceases because the spouse , despite his efforts , had not succeeded in securing the maintenance with lasting effect by means of the gainful employment after the divorce . If he had succeeded in securing part of the maintenance with lasting effect , he may demand the differential amount between the maintenance secured with lasting effect and the full maintenance .
=S=> BGB 1573. 5 ( repealed )
=U5= Sec1574 -- Section 1574 Appropriate gainful employment
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=S=> BGB 1574. 1 The divorced spouse is under a duty to enter gainful employment that is appropriate for him .
=S=> BGB 1574. 2 Gainful employment is appropriate if it suits the training , the skills , a former employment , the age and the state of health of the divorced spouse , to the extent that such work would not be inequitable with regard to the standard of living in the marriage . In considering the standard of living in the marriage , particular account is to be taken of the duration of the marriage and the duration of the care for or upbringing of a child of the spouses .
=S=> BGB 1574. 3 To the extent that it is necessary in order to take up appropriate gainful employment , the divorced spouse is under a duty to undertake training , further training or retraining , if successful completion of the training is to be expected .
=U5= Sec1575 -- Section 1575 Training , further training or retraining
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=S=> BGB 1575. 1 A divorced spouse who in expectation of the marriage or during the marriage did not undertake education at school or vocational training or who broke this off may demand maintenance of the other spouse if he takes up this or corresponding training as soon as possible in order to obtain appropriate gainful employment that secures maintenance with lasting effect and successful completion of the training is to be expected . The claim exists at maximum for the period of time in which such training is normally completed ; here , delays in the training that result from the marriage are to be taken into account .
=S=> BGB 1575. 2 Similar provisions apply if the divorced spouse undertakes further training or retraining in order to compensate for disadvantages that arose as a result of the marriage .
=S=> BGB 1575. 3 If the divorced spouse , after the completion of the training , further training or retraining , demands maintenance under section 1573 , then in determining the appropriate gainful employment for him ( section 1574 ( 2 ) ) , the higher level of education attained is not taken into account .
=U5= Sec1576 -- Section 1576 Maintenance for reasons of equity
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=S=> BGB 1576 A divorced spouse may demand maintenance from the other to the extent that and as long as he , for other serious reasons , cannot be expected to be in gainful employment and the refusal of maintenance , taking into account the concerns of both spouses , would be grossly inequitable . The mere fact that serious reasons led to the breakdown of the marriage does not mean that they may be taken into account .
=U5= Sec1577 -- Section 1577 Indigence
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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 .
=U5= Sec1578 -- Section 1578 Amount of maintenance
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=S=> BGB 1578. 1 The amount of maintenance is determined in accordance with the marital standard of living . The maintenance comprises all the necessities of life .
=S=> BGB 1578. 2 Necessities of life also include the costs of appropriate insurance in the case of illness and need for long-term care and the costs of school education or vocational training , further training or retraining under sections 1574 and 1575.
=S=> BGB 1578. 3 If the divorced spouse has a maintenance claim under sections 1570 to 1573 or section 1576 , then necessities of life also include the costs of appropriate insurance for old age and for reduced earning capacity .
=U5= Sec1578a -- Section 1578a Presumption of cover in the case of additional expenditure resulting from injury
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=S=> BGB 1578a For outlays resulting from injury to body or health , section 1610a applies .
=U5= Sec1578b -- Section 1578b Reduction and time limitation of maintenance on grounds of inequity
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=S=> BGB 1578b. 1 The maintenance claim of the divorced spouse is to be reduced to cover the reasonable necessities of life where an assessment of the maintenance claim oriented to the marital standard of living would be inequitable even if the concerns of a child of the spouses entrusted to the person entitled in order to be cared for or brought up were observed . Here , particular account is to be taken of how far , as a result of the marriage , disadvantages have occurred with regard to the possibility of taking care of one's own maintenance . Such disadvantages may result above all from the duration of the care or upbringing of a child of the spouses , from the organisation of household management and gainful employment during the marriage , and from the duration of the marriage .
=S=> BGB 1578b. 2 The maintenance claim of the divorced spouse is to be limited in time where a maintenance claim without time limitation would be inequitable even if the concerns of a child of the spouses entrusted to the person entitled in order to be cared for or brought up were observed . Subsection ( 1 ) sentences 2 and 3 applies with the necessary modifications .
=S=> BGB 1578b. 3 The reduction and time limitation of the maintenance claim may be combined .
=U5= Sec1579 -- Section 1579 Restriction or refusal of maintenance for gross inequity
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=S=> BGB 1579 A maintenance claim is to be refused , reduced or restricted in time to the extent that it would be grossly inequitable for the person obliged to be claimed on , even if the concerns of a child of the spouses entrusted to the person entitled in order to be cared for or brought up were observed , because the marriage was of short duration ; here , account must be taken of the time in which the person entitled may demand maintenance for the care or upbringing of a child of the spouses under section 1570 , the person entitled lives in a stable long-term relationship , the person entitled has committed a major criminal offence or a serious intentional minor offence against the person obliged or against a close relative of the person obliged , the person entitled frivolously induced his own indigence , the person entitled frivolously disregarded serious property interests of the person obliged , the person entitled , before the parties lived apart , for a long period grossly violated his duty to contribute to the family maintenance , the person entitled is clearly responsible for manifestly serious misconduct towards the person obliged , or there is another reason that is just as serious as the reasons set out in nos . 1 to 7.
=U5= Sec1580 -- Section 1580 Duty of information
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=S=> BGB 1580 The divorced spouses have a duty to each other to provide , on request , information on their income and their assets . Section 1605 applies with the necessary modifications .
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