7965
=U3= UTit1 -- Subtitle 1 Grounds of divorce
--
=U4= Sec1564 -- Section 1564 Divorce by judicial decision
--
=S=> BGB 1564 A marriage may be dissolved by divorce only by judicial decision on the petition of one or both spouses . The marriage is dissolved when the decision becomes final and absolute . The conditions under which a petition for divorce may be made follow from the following provisions .
=U4= Sec1565 -- Section 1565 Breakdown of marriage
--
=S=> BGB 1565. 1 A marriage may be dissolved by divorce if it has broken down . The marriage has broken down if the conjugal community of the spouses no longer exists and it cannot be expected that the spouses restore it .
=S=> BGB 1565. 2 Where the spouses have not yet lived apart for one year , the marriage may be dissolved by divorce only if the continuation of the marriage would be an unreasonable hardship for the petitioner for reasons that lie in the person of the other spouse .
=U4= Sec1566 -- Section 1566 Presumption of breakdown
--
=S=> BGB 1566. 1 It is irrebuttably presumed that the marriage has broken down if the spouses have lived apart for a year and both spouses petition for divorce or the respondent consents to divorce .
=S=> BGB 1566. 2 It is irrebuttably presumed that the marriage has broken down if the spouses have lived apart for three years .
=U4= Sec1567 -- Section 1567 Living apart
--
=S=> BGB 1567. 2 Living together for a short period which is intended to reconcile the spouses does not interrupt or suspend the periods laid down in section 1566.
=U4= Sec1568 -- Section 1568 Hardship clause
--
=S=> BGB 1568. 1 The marriage should not be dissolved by divorce , although it has broken down , if and as long as the maintenance of the marriage , in the interest of minor children of the family , is , exceptionally , necessary for particular reasons or if and as long as divorce , by reason of extraordinary circumstances , would be such a severe hardship for the respondent , who rejects it , that the maintenance of the marriage , exceptionally , appears to be advisable , even taking into account the concerns of the petitioner .
=S=> BGB 1568. 2 ( repealed )
=U3= UTit2 -- Subtitle 2 Maintenance of the divorced spouse
--
=U4= Kap1 -- Chapter 1 Principle
--
=U5= Sec1569 -- Section 1569 Principle of personal responsibility
--
=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
--
=U5= Sec1570 -- Section 1570 Maintenance to care for a child
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=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
--
=U5= Sec1581 -- Section 1581 Ability to pay
--
=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
--
=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
--
=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
--
=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
--
=U5= Sec1585 -- Section 1585 Nature of maintenance payment
--
=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
--
=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
--
=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
--
=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
--
=U5= Sec1586 -- Section 1586 Remarriage , establishment of a civil partnership or death of the person entitled
--
=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
--
=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
--
=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 .
=U3= UTit3 -- Subtitle 3 Equalisation of pension rights
--
=U4= Kap1 -- Chapter 1 Principle
--
=U5= Sec1587 -- Section 1587 Reference to the Pension Equalisation Act [ Versorgungsausgleichsgesetz ]
--
=S=> BGB 1587 In accordance with the Pension Equalisation Act , an equalisation takes place between the divorced spouses of rights existing in Germany or elsewhere , in particular of the statutory pensions insurance , from other standard security systems such as civil servants pensions or pensions of a professional group , from company pensions or from private old-age and invalidity pensions .
=U4= Kap2 -- Chapter 2 Equalisation of value of expectancies or prospects of a pension
--
=U5= Sec1587a -- Section 1587a Claim for equalisation
--
=S=> BGB 1587a. 1 The spouse who is the person obliged for equalisation purposes is the spouse with expectancies or prospects of a pension to be equalised which are of higher value . The entitled spouse has a right to half of the difference in value as equalisation .
=S=> BGB 1587a. 2 In order to determine the difference in value , the following values are to be used as a basis : In the case of a pension or pension expectancy arising from an employment relationship under public law or from an employment relationship with a claim to a pension under civil service law provisions or principles , the basis is to be the amount that would be the pension at the date when the divorce petition is first pending at court . In this calculation , the pensionable period of service worked until this date is increased by the time until retirement age ( total period ) . The decisive value is the part of the pension that corresponds to the proportion of the pensionable period of service falling in the period of the marriage to the total period . Increases on the basis of accidents are disregarded . In this respect , the official emoluments of retired professors are equivalent to pensions and the provisions of civil service law on pensionable length of service apply with the necessary modifications . In the case of pensions or pension expectancies from the statutory pension scheme , the calculation is to be based on the amount of the full old-age pension that would apply at the end of the period of the marriage on the basis of the pension credit points relating to the period of the marriage , without taking into account the accrual factor . In the case of payments , expectancies or prospects of payments of an occupational pension plan , a)if , on the date when the divorce petition is first pending at court , the time of employment continues , the basis is to be the part of the pension that corresponds to the proportion of the time of employment falling into the period of the marriage to the time from the beginning of the time of employment until the fixed retirement age provided in the pension terms ; times equivalent to the time of employment are to be included ; the pension is calculated on the basis of the amount that would result when the spouse reached the fixed retirement age provided in the pension terms if the bases of assessment at the date when the divorce petition is first pending at court were taken as the starting point ; b)if , before the date when the divorce petition is first pending at court , the time of employment has ended , the basis is to be the part of the pension acquired that corresponds to the proportion of the time of employment falling into the period of the marriage to the total time of employment ; times equivalent to the time of employment are to be included . This does not apply to payments or expectancies of payments under an insurance relationship with an additional civil-service pension organisation ; no . 4 letter c is to govern these . For expectancies or prospects of payments from the occupational pension plan that are not yet non-forfeitable at the date when the decree is pronounced , the provisions on contractual equalisation of pension rights apply . In the case of other pensions or similar recurring payments that are intended to serve as a pension for old age or reduced earning capacity , or expectancies or prospects of these , a)if the pension or payment is assessed on the basis of the duration of a creditable period , the basis is to be the amount of the payment that would follow from the creditable period falling in the period of the marriage if the pensionable event had occurred at the date when the divorce petition was first pending at court ; b)if the pension or payment is not assessed or not only assessed on the basis of the duration of a creditable period , nor under letter d , the basis is to be the partial amount of the full pension or payment under the pension terms that corresponds to the proportion of the time that falls into the period of the marriage that is to be taken into account in assessing this pension or payment to its expected total duration until the retirement age that qualifies for the payment of the pension ; c)if the pension or payment is assessed on the basis of a fraction of contributions paid , the basis is to be the amount that would be payable on the basis of the contributions made for the period of the marriage if , when the divorce petition is pending at court , the insured event had occurred ; d)if the pension or payment is assessed on the basis of the principles applying to statutory pension insurance , the basis is to be the partial amount of the old-age pension that would be payable when the divorce petition is first pending at court , which corresponds to the proportion of the years of coverage falling in the period of marriage to the total number of years of coverage to be taken into account . In the case of pensions or pension expectancies on the basis of an insurance contract that was entered into to provide a pension for the insured , a)if it is an insurance policy with a duty to pay premiums continuing beyond the date when the divorce petition is first pending at court , the basis is to be the amount of pension that the insurer would pay if the policy were first converted into a paid-up insurance policy , if the insured event had taken place at this date . If premiums for the period before the marriage have also been paid into the insurance policy , the pension amount is to be assessed at a correspondingly lower figure ; b)if there is no duty to pay premiums continuing beyond the date when the divorce petition is first pending at court , the basis is to be the amount of pension that would be payable as a payment of the insurer if at this date the insured event had occurred . Letter a sentence 2 applies .
=S=> BGB 1587a. 3 In the case of pension payments or expectancies or prospects of a pension under subsection ( 2 ) no . 4 , the value of which does not rise in the same way or in almost the same way as the value of the expectancies named in subsection ( 2 ) nos . 1 and 2 , and in the cases of section 2 no . 5 the following applies : if the payments are made from cover fund or a comparable insurance reserve , the basis is to be the standard old-age pension that would be payable if the part of the cover fund built up during the marriage or the part of the insurance reserve falling into this period had been paid into the statutory pension insurance scheme as a contribution ; if the payments are not or not exclusively made from a cover fund or a comparable insurance reserve , the basis is to be the standard old-age pension that would be payable if the cash value of the part pension for the date when the divorce petition is first pending at court were assessed and were paid into the statutory pension scheme as a contribution . Detailed provisions on the assessment of the cash value are laid down by the federal government by statutory order with the approval of the Federal Council [ Bundesrat ] .
=S=> BGB 1587a. 4 Payments of expectancies or prospects of payments of an occupational pension plan under subsection ( 2 ) no . 3 are governed by subsection ( 3 ) no . 2.
=S=> BGB 1587a. 5 If the pension is not assessed by the valuation standards set out in the above subsections , the family court determines the pension to be equalised , applying the above provisions with the necessary modifications at its reasonably exercised discretion .
=S=> BGB 1587a. 6 If a spouse is entitled to more than one pension expectancy in the meaning of subsection ( 2 ) no . 1 , then to assess the value , the basis is to be the total pensions and related benefits arrived at after applying rules on suspension of benefits and the total pensionable length of service falling in the period of the marriage ; an analogous procedure is to be followed if the pension , on account of periodical payments or a similar recurring payment , were subject to a term relating to the suspension or set-off of benefits .
=S=> BGB 1587a. 7 For the purposes of evaluation under subsection ( 2 ) , no account is taken of the fact that a qualifying period , minimum employment period , minimum insurance period or other requirements as to time that are essential for the pension have not yet been completed at the date when the divorce petition is first pending at court ; subsection ( 2 ) no . 3 sentence 3 is unaffected . This does not apply to periods of time on which the pension based on minimum income is dependent in the statutory pension schemes .
=S=> BGB 1587a. 8 When the value is calculated , the supplementary allowances contained in a benefit , pension or payment that are only granted on the basis of an existing marriage , and children's allowances and similar family-related elements are to be left from account .
=U5= Sec1587b -- Section 1587b Transfer and establishment of pension expectancies by the family court
--
=S=> BGB 1587b. 1 If a spouse , in the period of the marriage , has acquired pension expectancies in a statutory pension scheme in the meaning of section 1587a ( 2 ) no . 2 and if these exceed the expectancies in the meaning of section 1587a ( 2 ) no . 1 and 2 which the other spouse has acquired in the period of the marriage , the family court transfers to that spouse pension expectancies in the amount of half of the difference in value . The details are governed by the provisions on statutory pension schemes .
=S=> BGB 1587b. 2 If , in the period of the marriage , a spouse acquired an expectancy in the meaning of section 1587a ( 2 ) no . 1 from a public-law corporation , institution or foundation , one of their associations including the central organisations or one of their joint associations , and if this expectancy , alone or together with a pension expectancy in the meaning of section 1587a ( 2 ) no . 2 exceeds the expectancies in the meaning of section 1587a ( 2 ) nos . 1 and 2 that the other spouse acquired in the period of the marriage , the family court establishes for the latter pension expectancies in a statutory pension scheme in the amount of half of the difference in value still remaining after the application of subsection ( 1 ) . The details are governed by the provisions on statutory pension schemes .
=S=> BGB 1587b. 3 To the extent that the equalisation is not to be undertaken under subsection ( 1 ) or 2 , the spouse who is the person obliged must pay , as contributions to establish expectancies in a particular pension in a statutory pension scheme for the spouse entitled , the amount that is necessary in order to equalise the difference in value;* ) this applies only as long as the spouse entitled has not yet satisfied the requirements for an old-age pension from a statutory pension scheme . The details are governed by the provisions on statutory pension schemes . Pension expectancies to be transferred under subsection ( 1 ) or to be established under subsection ( 2 ) are to be included in the equalisation ; by way of set-off , only one equalisation is to be made .
=S=> BGB 1587b. 4 If the transfer or establishment of pension expectancies in the statutory pension schemes would probably not take effect to the advantage of the person entitled , or if the equalisation of pension rights in this form , in the circumstances of the case , would be uneconomical , the family court should , on the application of one party , make different arrangements ; section 1587o ( 1 ) sentence 2 applies with the necessary modifications .
=S=> BGB 1587b. 5 The monthly amount of the pension expectancies in the statutory pension insurance schemes to be transferred under subsection ( 1 ) or to be established under subsections ( 2 ) and ( 3 ) , together with the monthly amount of the pension expectancies already established in the statutory pension schemes of the spouse entitled to equalisation may not exceed the maximum amount set out in section 76 ( 2 ) sentence 3 of Book Six of the Social Security Code [ Sozialgesetzbuch ] .
=S=> BGB 1587b. 6 When pension expectancies in the statutory pension insurance are transferred or established , the family court must order that the monthly amount of the pension expectancies to be transferred or to be established is to be converted into pension credit points .
=S=> BGB 1587b.* ) Note : This half-sentence is void , by the judgment of the Federal Constitutional Court [ Bundesverfassungsgericht ] of 27 January 1983 ( Federal Law Gazette [ Bundesgesetzblatt ] I p . 375 ) .
=U5= Sec1587c -- Section 1587c Restriction or end of equalisation
--
=S=> BGB 1587c There is no equalisation of pension rights to the extent that claiming on the person obliged , taking into account the circumstances of both parties , in particular the acquisition of assets on both sides during the marriage or in connection with the divorce , would be grossly inequitable ; here , the mere fact that circumstances led to the breakdown of the marriage does not mean that they may be taken into account ; to the extent that the person entitled , in expectation of the divorce or after the divorce , by acts or omissions , has brought about a situation where expectancies or prospects of a pension to which he is entitled and which were to be equalised under section 1587 ( 1 ) did not come into existence or ceased to exist ; to the extent that the person entitled , during the marriage , for a long period of time grossly violated his duty to contribute to the family maintenance .
=U5= Sec1587d -- Section 1587d Suspension of the duty to establish pension expectancies
--
=S=> BGB 1587d. 1 On the application of the person obliged , the family court may order that the duty under section 1587b ( 3 ) is suspended as long as and to the extent that the person obliged would be inequitably burdened by the payment , and in particular would become incapable of maintaining himself appropriately and satisfying his statutory maintenance duties towards the divorced spouse and the persons entitled with equal priority with the divorced spouse . If the person obliged is in the position to pay instalments , the court must also lay down the amount of the instalment payments for which the person obliged is liable .
=S=> BGB 1587d. 2 The family court may , on application , set aside or alter a final and absolute decision if the circumstances have substantially changed since the divorce .
=U5= Sec1587e -- Section 1587e Duty of information ; extinction of claim to equalisation
--
=S=> BGB 1587e. 1 The equalisation of pension rights under section 1587b is governed by section 1580 with the necessary modifications .
=S=> BGB 1587e. 2 On the death of the person entitled , the equalisation claim expires .
=S=> BGB 1587e. 3 The claim for payment of contributions ( section 1587b ( 3 ) ) also expires as soon as contractual equalisation of pension rights under section 1587g ( 1 ) sentence 2 may be demanded .
=S=> BGB 1587e. 4 The equalisation claim does not expire on the death of the person obliged . It must be asserted against the heirs .
=U4= Kap3 -- Chapter 3 Contractual equalisation of pension rights
--
=U5= Sec1587f -- Section 1587f Requirements
--
=S=> BGB 1587f In the cases in which the establishment of pension expectancies in a statutory pension scheme , with regard to the provision of section 1587b ( 3 ) sentence 1 second half-sentence , is not possible , the transfer or establishment of pension expectancies in a statutory pension scheme , with regard to the provision of section 1587b ( 5 ) , is excluded , the spouse who is the person obliged has not made the payments to establish pension expectancies in a statutory insurance scheme imposed on him under section 1587b ( 3 ) sentence 1 first half-sentence , payments of an occupational pension plan on the basis of such expectancies or prospects are to be included in the equalisation which at the date when the decree was pronounced were not yet non-forfeitable , the family court , under section 1587b ( 4 ) , has made a ruling in the form of contractual equalisation of pension rights or the spouses , under section 1587o , have agreed on contractual equalisation of pension rights , the equalisation here takes place on the application of one spouse under the provisions of sections 1587g to 1587n ( contractual equalisation of pension rights ) .
=U5= Sec1587g -- Section 1587g Claim to payment of a pension
--
=S=> BGB 1587g. 1 The spouse whose pension to be equalised exceeds that of the other spouse must make to the other spouse , as equalisation , periodical payments ( an equalisation pension ) in the amount of half of the excess amount in each case . The pension may be demanded only if both spouses have obtained a pension or if the spouse who is the person obliged has obtained a pension and the other spouse , by reason of illness or other infirmity or weakness of his physical or mental powers , will for a period whose end cannot be foreseen not be able to undertake gainful employment that is reasonable according to his training and skills or has reached the age of sixty-five . BGB 1587g. 2 For the determination of the pension to be equalised , section 1587a applies with the necessary modifications . If , since the date when the divorce petition was first pending at court , the value of a pension or an expectancy or prospect of a pension has changed , or if a pension or an expectancy or prospect of a pension that existed on the date when the divorce petition was first pending at court has ceased to exist , or if requirements of a pension have been satisfied that were not satisfied on the date when the divorce petition was first pending at court , this must be taken into account in addition . BGB 1587g. 3 Section 1587d ( 2 ) applies with the necessary modifications .
=U5= Sec1587h -- Section 1587h Restriction or end of equalisation claim
--
=S=> BGB 1587h There is no equalisation claim under section 1587g to the extent that the person entitled is able to pay the maintenance appropriate to his standard of living from his income and his assets and the granting of the equalisation of pension rights would be an inequitable hardship for the person obliged , taking into account the financial circumstances of both spouses ; section 1577 ( 3 ) applies with the necessary modifications ; to the extent that the person entitled , in expectation of the divorce or after the divorce , by acts or omissions , has brought about a situation where a pension which would have to be equalised under section 1587 is not granted ; to the extent that the person entitled , during the marriage , for a long period of time grossly violated his duty to contribute to the family maintenance .
=U5= Sec1587i -- Section 1587i Assignment of pension claims
--
=S=> BGB 1587i. 1 The person entitled may demand that the person obliged assign him , in the amount of the day-to-day equalisation pension , pension rights included in the equalisation that have become payable or that become payable for the same period of time .
=S=> BGB 1587i. 2 The effectiveness of the assignment to the spouse under subsection ( 1 ) does not prevent the exclusion of transferability and pledgeability of the claims .
=S=> BGB 1587i. 3 Section 1587d ( 2 ) applies with the necessary modifications .
=U5= Sec1587k -- Section 1587k Applicable provisions ; extinction of claim to equalisation
--
=S=> BGB 1587k. 1 The equalisation claim under section 1587g ( 1 ) sentence 1 is governed by sections 1580 , 1585 ( 1 ) sentences 2 and 3 and section 1585b ( 2 ) and ( 3 ) with the necessary modifications .
=S=> BGB 1587k. 2 The claim expires on the death of the person entitled ; section 1586 ( 2 ) applies with the necessary modifications . To the extent that the claim expires under this provision , the claims assigned under section 1587i ( 1 ) pass to the person obliged .
=U5= Sec1587l -- Section 1587l Claim to lump sum payment of future equalisation claims
--
=S=> BGB 1587l. 1 A spouse may demand a lump sum payment from the other spouse for his future equalisation claims if the other spouse can reasonably be expected to make the payment with regard to his financial circumstances .
=S=> BGB 1587l. 2 The amount of the lump sum payment is to be based on the current market value , determined under section 1587g ( 2 ) , of the expectancies or prospects of both parties of a pension to be equalised .
=S=> BGB 1587l. 3 The lump sum payment may be demanded only in the form of the payment of contributions to a statutory pension scheme or to a private life insurance or pensions insurance policy . If the lump sum payment in the form of the payment of contributions to a private life insurance or pensions insurance policy is chosen , the insurance contract must be entered into by the person entitled for himself for the event of death and reaching the age of sixty-five or a lower age and must provide that profit shares are applied to increase the insurance benefits . On application , the person obliged is to be permitted to pay in instalments to the extent that this is equitable in view of his financial circumstances .
=U5= Sec1587m -- Section 1587m Extinction of the claim to a lump sum payment
--
=S=> BGB 1587m On the death of the person entitled , the claim to payment of the lump sum expires to the extent that the person obliged has not yet discharged it .
=U5= Sec1587n -- Section 1587n Set-off against maintenance claim
--
=S=> BGB 1587n Where the person entitled has been paid a lump sum under section 1587l , he must allow the amount that he would receive as equalisation of pension rights under section 1587g if the lump sum payment had not been made to be set off against a claim to maintenance against the divorced spouse .
=U4= Kap4 -- Chapter 4 Agreements between the parties
--
=U5= Sec1587o -- Section 1587o Agreements on the equalisation
--
=S=> BGB 1587o. 1 In connection with the divorce , the spouses may make an agreement on the equalisation of expectancies or rights to a pension for old age or reduced earning capacity ( section 1587 ) . The agreement may not cause expectancies in a statutory pension scheme under section 1587b ( 1 ) or ( 2 ) to be established or transferred .
=S=> BGB 1587o. 2 The agreement under subsection ( 1 ) must be notarially recorded . Section 127a applies with the necessary modifications . The agreement requires the approval of the family court . The approval should be refused only if , when the maintenance arrangement and the partitioning of assets are included , the agreed performance is obviously not suitable to provide security corresponding with the goal of the equalisation of pension rights for the person entitled or does not result in an equalisation between the spouses that is appropriate in nature and amount .
=U4= Kap5 -- Chapter 5 Protection of the person obliged under the pension
--
=U5= Sec1587p -- Section 1587p Payment to the person previously entitled
--
=S=> BGB 1587p If , by the final and absolute decision of the family court , pension expectancies in a statutory pension scheme have been transferred to the entitled spouse , the latter must permit to be asserted against him a payment to the person obliged spouse which the payer of the pension makes to the person obliged spouse before the end of the month following the month in which the decision was served on him .
|
