3103
=U4= Kap1 -- Chapter 1 Principle
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=U5= Sec1569 -- Section 1569 Principle of personal responsibility
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=S=> BGB 1569 After divorce , each spouse is responsible for providing for his own maintenance . If he is not in a position to do this , he has a claim for maintenance against the other spouse only under the following provisions .
=U4= Kap2 -- Chapter 2 Entitlement to maintenance
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=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 .
=U4= Kap3 -- Chapter 3 Ability to pay and priority
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=U5= Sec1581 -- Section 1581 Ability to pay
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=S=> BGB 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 .
=U5= Sec1582 -- Section 1582 Priority of the divorced spouse where more than one person is entitled to maintenance
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=S=> BGB 1582 If there is more than one person entitled to maintenance , the priority of the divorced spouse is governed by section 1609.
=U5= Sec1583 -- Section 1583 Influence of the matrimonial property regime
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=S=> BGB 1583 If the person obliged , in the case of a remarriage , lives in the matrimonial property regime of community of property with his new spouse , section 1604 is to apply with the necessary modifications .
=U5= Sec1584 -- Section 1584 Priority of more than one person liable for maintenance
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=S=> BGB 1584 The divorced spouse liable for maintenance is liable before the relatives of the person entitled . However , to the extent that the person obliged is not able to pay , the relatives are liable before the divorced spouse . Section 1607 ( 2 ) and ( 4 ) applies with the necessary modifications .
=U4= Kap4 -- Chapter 4 Form of the maintenance claim
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=U5= Sec1585 -- Section 1585 Nature of maintenance payment
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=S=> BGB 1585. 1 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 maintenance claim expires in the course of the month as a result of remarriage or death of the person entitled .
=S=> BGB 1585. 2 Instead of the periodical payments , the person entitled may demand a lump sum as capital , if there is a compelling reason and the person obliged is not inequitably burdened by this .
=U5= Sec1585a -- Section 1585a Provision of security
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=S=> BGB 1585a. 1 On request , the person obliged must provide security . The duty to provide security does not apply if there is no reason to assume that the payment of maintenance is endangered or if the person obliged would be inequitably burdened by the provision of security . The amount for which security is to be provided should not exceed the periodical payments for one year , except to the extent that , in the particular circumstances of the cases , a higher amount of security appears appropriate .
=S=> BGB 1585a. 2 The nature of the security payment is determined according to the circumstances ; the restriction of section 232 does not apply .
=U5= Sec1585b -- Section 1585b Maintenance for the past
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=S=> BGB 1585b. 1 By reason of special need ( section 1613 ( 2 ) ) , the person entitled may demand maintenance for the past .
=S=> BGB 1585b. 2 Apart from this , the person entitled may claim performance or damages for non-performance for the past only pursuant to section 1613 subsection ( 1 ) .
=S=> BGB 1585b. 3 For a period lying more than one year before pendency , performance or damages for non-performance may be claimed only if it is to be assumed that the person obliged intentionally avoided performance .
=U5= Sec1585c -- Section 1585c Agreements on maintenance
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=S=> BGB 1585c The spouses may make agreements on the obligation to maintain for the time after the divorce . An agreement that is entered into before the divorce becomes final and absolute must be notarially recorded . Section 127a also applies to an agreement that is recorded in matrimonial proceedings before the trial court .
=U4= Kap5 -- Chapter 5 End of the maintenance claim
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=U5= Sec1586 -- Section 1586 Remarriage , establishment of a civil partnership or death of the person entitled
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=S=> BGB 1586. 1 The claim to maintenance expires on the remarriage of , on the establishment of a civil partnership by or on the death of the person entitled .
=S=> BGB 1586. 2 Claims for performance or damages for non-performance for the past continue in effect . The same applies to the claim for the monthly payment due at the time of the remarriage , the establishment of a civil partnership or the death .
=U5= Sec1586a -- Section 1586a Revival of the maintenance claim
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=S=> BGB 1586a. 1 Where a divorced spouse enters into a new marriage or civil partnership and where the marriage or civil partnership is then dissolved , he may demand maintenance under section 1570 from the former spouse if he has to care for or to bring up a child from the former marriage or civil partnership .
=S=> BGB 1586a. 2 The spouse in the marriage dissolved later is liable before the spouse of the marriage dissolved earlier .
=U5= Sec1586b -- Section 1586 Remarriage, establishment of a civil partnership or death of the person entitled
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=S=> BGB 1586b. 1 On the death of the person obliged , the obligation to maintain passes to the heir as a liability of the estate . The restrictions under section 1581 do not apply . However , the heir is not liable beyond a sum that corresponds to the compulsory portion which would be due to the person entitled if the marriage had not been dissolved by divorce . BGB 1586b. 2 In the calculation of the compulsory portion , special elements by reason of the matrimonial property regime under which the divorced spouses lived are not taken into account .
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