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.
This support payment calculator
may not take into account all cases. To get an individual consultation on family law matters,
please contact bilingual English-speaking family lawyer Dr. Annegret Wiese in Munich, Germany.
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 spouse 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 online:
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 online:
The calculation of claimable support payments is based on your support-relevant net income. This is your gross
income after taking into account all relevant payables such as but not limited to taxes, health and unemployment
insurance, all other work-related costs, etc. If you do not know what the exact figure is in your situation,
you can also use your net income after taxes, which is a close estimate. Spouse support is paid by the partner
who earns more and child support is paid to the spouse who takes care of the children.
Calculate inflation-adjusted value of assets:
The inflation calculator tells you how prices and the value of assets have changed over time. The inflation rate
is taken into account when calculating accrued gains (by indexing). This algorithm is based on the German
consumer price index (cpi).