Germany

How long do I have to pay spousal maintenance?

No fixed term
Duration principle
Self-sufficiency
Core legal standard
Up to 3 years
Typical transition period
Age 65
Common cutoff age
The Short Answer

There is no fixed time limit — spousal maintenance in Germany lasts only as long as the recipient cannot support themselves, based on age, health, qualifications, and efforts toward self-sufficiency.

What the Law Says

German law does not set a fixed deadline for spousal maintenance after divorce. Instead, it prioritizes independence — the goal is for each ex-spouse to become financially self-reliant as soon as reasonably possible.

Under BGB § 1569, the general rule is that each divorced spouse must support themselves. Maintenance is the exception — not the default — and arises only when one spouse cannot meet their own needs despite reasonable efforts.

BGB § 1573 expands on this by allowing maintenance where the recipient cannot find appropriate employment (§ 1573(1)), or where earnings from such work fall short of full maintenance needs (§ 1573(2)). Crucially, maintenance may continue even after other grounds (e.g., childcare or illness) end — but only if self-sufficiency remains unattainable (§ 1573(3)).

Importantly, § 1573(4) protects recipients who *initially* secured income but later lost it through no fault — for example, due to job market shifts or health setbacks — as long as they made sustained, genuine efforts to maintain financial independence.

Statutory Text

Nach der Scheidung obliegt es jedem Ehegatten, selbst für seinen Unterhalt zu sorgen. Ist er dazu außerstande, hat er gegen den anderen Ehegatten einen Anspruch auf Unterhalt nur nach den folgenden Vorschriften.

BGB § 1569 — German Civil Code
Statutory Text

Soweit ein geschiedener Ehegatte keinen Unterhaltsanspruch nach den §§ 1570 bis 1572 hat, kann er gleichwohl Unterhalt verlangen, solange und soweit er nach der Scheidung keine angemessene Erwerbstätigkeit zu finden vermag.

BGB § 1573(1) — German Civil Code

What Courts Have Said

German courts consistently emphasize that maintenance is temporary and tied to realistic prospects of independence — not indefinite support.

BGH XII ZR 66/25
Bundesgerichtshof, 12. Zivilsenat · 2026

The court upheld limiting maintenance to a defined period where the recipient had sufficient time and opportunity to retrain or re-enter the workforce — affirming that open-ended maintenance contradicts the self-sufficiency principle in BGB § 1569.

BGH XII ZR 41/22
Bundesgerichtshof, 12. Zivilsenat · 2023

The court ruled that maintenance duration must reflect what earning capacity is reasonably attainable — considering age, health, education, and local job market conditions — and may be capped even before retirement age if independence is realistically achievable.

What to Do

1

Assess whether your ex-spouse has realistic opportunities to work — including retraining, part-time roles, or remote jobs.

2

Document any evidence of their job applications, training efforts, or income-generating activity.

3

Request a formal review of maintenance if circumstances change — e.g., new employment, improved health, or completion of vocational training.

4

Consult a family lawyer before agreeing to a fixed-term maintenance order — courts may extend it if justified under § 1573(4).

Sources

Related Questions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.