I got divorced 5 years ago after being married for over 30 years. My ex-husband fell in love with a younger woman, a world has collapsed for me. At least my ex-husband was divorced guilty and then obliged to pay me maintenance in the maintenance proceedings that followed. He always earned very well. I’ve only ever worked part-time and that’s why I only get a small pension. I have now learned from our sons that he is also retiring and that he will receive a high severance payment. Do I also get a portion of the severance payment?
Hilde T., Tyrol
Dear Ms. T., who was determined in the maintenance proceedings the specific amount of your post-marital maintenance claim can change if the relevant circumstances of the calculation change. According to this Circumstance clause the amount of your maintenance changes, for example, if the income of the person liable for maintenance, i.e. your ex-husband or the person entitled to maintenance, changes.
Does your ex-husband’s income change? through his retirement, so must you Maintenance claim recalculated will. Since the Pension mostly significantly lower is as the Earned income, it can be assumed that in the future you will have one lower maintenance entitlement than before.
The good news is that too Clearance when calculating your future maintenance claim taken into account will. The question of Distribution of clearance depends on the circumstances of the On a case-by-case basis away. In this way, the clearance can be divided over the period that corresponds to the clearance monthly fees included is equivalent to. A so-called Grant invoice be. The clearance is used for Preservation of previous income. The severance payment is therefore divided up in such a way that, together with the pension, it results in the previous earned income. But it is also permissible to use the Clearance simply on a year or an even longer period, up to one period to divide the the statistical life expectancy is equivalent to.
Considerable one-time paymentsIn a realistic approach, n serve to focus on one longer period, usually even for several years to make provision for a higher income. Especially when the person liable for maintenance is continuously receiving a higher pension refers is also not to be acceptedthat he’s the high Consume one-time payment at short notice would. Since your ex-husband does not receive the severance payment until he retires, the one that can otherwise be assumed occurs Bridging character of the clearance into the background. If the clearance serves to bridge the gap, it is usually not spread over as many months as it corresponds to the monthly wages, but over a significantly longer period. the statistical life expectancy of the person liable for maintenance is always that longest possible period.
The received on the occasion of retirement Checking in your ex-husband will therefore in any case in the Recalculation of your maintenance claims to consider be. Exactly how many months or even years this will have to be divided depends on your specific situation.