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=S=> BGB 1361. 1 If the spouses are living apart , one spouse may demand from the other the maintenance appropriate with regard to the standard of living and the earnings and property situation of the spouses ; for outlays resulting from injury to body and health , section 1610a applies . If divorce proceedings are pending between the spouses , who are living apart , then maintenance , from the date when the proceedings are pending , also includes the costs of appropriate insurance for old age and for reduced earning capacity .
=S=> BGB 1361. 2 The spouse who is not gainfully employed can be required to earn his own maintenance through gainful employment only if this can be expected of him in view of his personal circumstances , in particular by reason of earlier gainful employment , taking into account the duration of the marriage , and with regard to the financial circumstances of both spouses .
=S=> BGB 1361. 3 The provision of section 1579 nos . 2 to 8 on the restriction or refusal of maintenance by reason of gross inequity applies with the necessary modifications .
=S=> BGB 1361. 4 The day-to-day maintenance is to be rendered by making periodical payments . The periodical payments are to be paid monthly in advance . The person obliged owes the full monthly amount even if the person entitled dies in the course of the month . Section 1360a ( 3 ) and ( 4 ) and sections 1360b and 1605 apply with the necessary modifications .
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