Calculator for German Family Law

Calculator for equalisation of accrued gains and support payments under German law

If you are considering separation or divorce from your spouse, you will need to deal with intricate questions of family law. And if either you or your spouse is German, you will run into German family law. It is important that you have an idea of how your future finances will look like under the statutory matrimonial property regime in Germany. This site provides you the tools to calculate how your finances will be affected under German family law. To get an individual consultation on family law matters, please contact bilingual English-speaking family lawyer Dr. Annegret Wiese in Munich, Germany or search for a family lawyer in the lawyer index.

Settlement by marriage contract:
In Germany, the default statutory matrimonial property regime is the so-called community of accrued gains. This basically means a separation of assets during marriage. That is, neither your husband nor your wife's assets become joint property. With this system, the accrued gains of the spouses are equalized upon divorce. However, spouses can, in their marriage contract, specify a different matrimonial property regime they wish to follow. Some examples are the separation of property, the community of property, or regimes somewhere between the two. A marriage contract even gives you the opportunity to combine different existing regimes according to your preferences. You can also decide on further individual regulations as long as they do not conflict with the legal stipulations ruling the chosen property regime.

Whether you are considering a marriage contract or a divorce, competent legal counselling is indispensable. Nonetheless, you probably want to get a sense of what to expect before you contact a lawyer, especially in terms of your future financial obligations. It is worthwhile for you to make initial calculations of the financial gains accrued during your marriage, the resulting equalisation of accrued gains, as well as possible spousal support and child support dues. You have the right to file for an equalisation payment for accrued gains and continuous support payments as part of the divorce settlement. The calculation tools on this website allow you to get a better idea of your future financial situation:

Calculate the equalisation of accrued gains:
Most married couples in Germany live under the statutory matrimonial property regime. When a marriage and thus the matrimonial property regime is terminated, a payment to balance out accrued gains (also known as equalization of surplus) can be claimed. To do this, the accrued gains for each spouse are first calculated individually. Accrued gains are the difference between the final assets on the date of delivery of the divorce petition and the initial assets on the wedding day. The increase in value of the initial assets over time (i.e. inflation) is taken into account by indexing.

Calculate support payments:
The support payments include child support and spousal support. In the case of spousal support, a distinction is made between separation support and post marital spousal support. The basis for the support calculation of the support payments to be demanded is the support-relevant net income. The spousal support or severance support is payable by the spouse who deserves more. Child support is to be paid to the parent who care for the children.

Child benefit calculator:
Child benefit is taken into account when calculating child support. The entitlement to the child benefit depends on the age of the child, the amount of the number of children. Children up to 18 years of age child benefit will be paid for all children. For a child aged 18 or over, child benefit is paid if additional requirements are met.

Calculate price increase:
The price increase is taken into account in the calculation of gain and gain compensation (price index calculation) and is based on the cost of living index 2016 (consumer price index, cpi, Germany). The price index calculation provides information on how assets have developed over time on the basis of price increases.