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German Law/Separation and divorce



my husband doesn't have a job but I do, and it is enough to get us out of "Hartz VI". So now, I pay all expenses, including our daughter's kita tuition and all. I want now to divorce. How does that go? Will i have to pay for my husband? he keeps telling me that if we separate, the job center will ask me to pay his pocket money or even a part of his apartment rent!! I can't seem to believe that!! I mean normally he, as a father, should at least pay for his child, regardless of how much I make. I personally know cases where the divorced mother makes more than the father, but he still pays for his kids. So when he cannot cause he has no job, the least that should happen is, i carry my child's expenses alone, and that's about it!!
Please explain what would happen, if i decide now to separate and want him out of the flat. How would this be ruled financially?

Thank you in advance for your help

Dear Ingy,

Normally your husband would be obligated to pay child support in case you separate and the children will live with you. But if your husband has a net income of only 800,00 EUR or less per month he is not obligated to pay child support.

You can keep 1100,00 EUR net income after the deduction of taxes, health insurance, the costs of raising your child (minimum 317 EUR plus the cost for the Kita) and at least 5% work related expenses, for your own expenses. So you can keep at least 1417,00 EUR plus the costs for the Kita to pay for your rent & utilities, food, clothing etc each month.

Only if your net income is higher you have to support your husband financially.

Carolin Burgess
German Attorney at Law  

German Law

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Carolin Schulz-Burgess


German legal issues on inheritance, divorce, alimony, child custody and support, last wills and testaments, and other problems involving international family and civil law.


I am a certified German laywer with professional experience in both German and American law firms. Since 2001 I have been working independently at my firm, German Legal Services. I have represented hundreds of clients on matters involving US-German legal issues. One of my firm's areas of specialization is in divorce and child support and custody issues between members of the U.S. Armed Forces and German civilians.

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I received my undergraduate and JD degrees both from the University of Wuerzburg, Germany, whose law school is consistently ranked in the top 10 in Germany.

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