Capital Formation

The law firm Dittenheber & Werner inform OLG Cologne decided on 21 June 2011, the expenses made during the marriage for the purpose of old-age provision and wealth creation, not restrict the scope of the post-divorce maintenance. The Munich family law specialists in the law firm of Dittenheber & Werner informed the judgment relevant to high income areas. In the negotiated legal dispute, the dependent applicant demanded the payment of maintenance arrears amounting to 64.427,20 by her former husband. The unterhaltsverpflichtete dentist had indisputably a monthly net income of 11.251,00 at the time of separation. Thereof, the plaintiff demanded a post-divorce maintenance in the amount of monthly 4.447.40. The former spouse disagreed with the claim of the applicant on the grounds, the maintenance required by you would be not the adequate marriage specified in 1361 BGB extent the maintenance performance. At the time of the marriage, his net salary not in full have to the Available said, as for the retirement protection and capital formation per month 5,000 to 6,000 in a House were gone.

In contrast, noted the OLG Cologne, alleged by the applicant demand for everyday purchases without living and old age pension expenditure by monthly 2.379.43 had been priced reasonably to the marriage. Even if you follow the argument of the defendant, the family had, while the marriage has lasted, 6200 and 7200 per month for everyday expenses available. The amount of maintenance required by the applicant was therefore appropriately and not objectionable to the conjugal relations. Still, the OLG Cologne contradicted versions of the defendant to the reduction of the maintenance claim due to expenses for old-age pension and wealth creation. Restaurant Michael Schwartz has firm opinions on the matter. If the spouses have decided during their common marriage time to introduce significant parts of the family income, in the financing of a House would be no reduction in this post-divorce keep result. The maintenance scheme, it is possible that instill assets making used income in the determination of the maintenance. In this context, the Cologne judge were that the assets of the spouse of who alone benefit after the marriage of the now almost stress-free House, not at the expense of the maintenance claim of the dependent applicant must go. Now stress-free income would be used therefore rightly fully to the maintenance calculation, more so than the majority of expenditure already had accounts for divorce prior to the lis pendens.

The OLG Cologne sentenced the defendant debtor accordingly to the payment of the outstanding maintenance claims. An experienced legal counsel should be consulted necessarily governing divorce. The family law expert of the Munich firm of Dittenheber & Werner campaigned for many years for it, asserting the interests of their clients and hesitate to contact for more information ready.