Maintenance: Supreme Court equals ex and second wife
A chemical engineer had sued. He wanted to pay less for his ex-wife because he would have to pay for his new wife and children together. His ex-wife received after 30 years of marriage, although a so-called Aufhaltsungsunterhalt, but also works as a cleaner. His new wife was not working.
The court only partially fulfilled his request. Although he was for his children from the new marriage maintenance, so far reduces the claim of his ex-wife. But even the new woman was, despite children, a job reasonable. For both women, the same standards would apply. "This is the most important message of this verdict," says family lawyer Katharina Mosel from Cologne, "neither of the two women, they are equal to judge and it does not matter what role distribution in the new marriage is denied."
Of course, it is permissible for the second wife to stay at home, the Supreme Court ruled. But if she does not want to work, she must be credited with a notional income to calculate all maintenance claims. This is basically measured by what activity is to be expected of someone. Indication for this is the previously practiced job, the learned profession or - in the case of unskilled - the income that can be earned as unskilled. Only with the inclusion of this notional income can the calculation of all maintenance claims be established. Katharina Mosel: "The idea behind the whole maintenance reform was also that a man should have the opportunity to start a second family, but of course that should not go so far that the first woman is completely empty after a long marriage Court now clear. "
