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German Law/spousal maintenance: new partner

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Question
If spousal maintenance can be reduced or refused based on the receiving spouse's new relationship, how is that new relationship defined? Please address if and how the following may apply: duration, social ties, or economic ties, or ? And can you provide a reference to the statute?

Answer
Hello,

the statute is 1579 no. 2 BGB and it kicks in once the receiving spouse has been in a serious new partnership for several (usually between 2 and 3) years. Because this statute is connected to alimony law, the economic ties between the new partners are more important, but close social ties (like living together or a new child together) can imply these economic ties.

I could say much more, but I would need to know more details of your specific case.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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