Can a married man remarry

Post-marital alimony - does a new marriage affect claims?

Even after a legally binding divorce, maintenance claims of a divorced spouse can exist against the other. But what actually happens to the post-marital maintenance, if, for example, the ex-husband remarries? So does the upkeep continued to be paid become? That flows Income of the new partner in the calculation?

The most important things to support after a new marriage

  • A new marriage after divorce does not always mean that maintenance claims between the former spouses no longer apply.
  • Is a party dependent and marry again, then the right to maintenance expires.
  • But if he marries Maintenance debtor, its obligations usually remain in place.

Read more about maintenance after a new marriage in the following.

Is post-marital alimony no longer payable in the event of remarriage?

Ex-husband or ex-wife remarries = changes in maintenance?

What happens to post-marital alimony when a new marriage is entered into?

Not every divorcee automatically assumes that a marriage must always go wrong. One or the other soon dares to do it again, in the hope that it will last this time. However, when planning a wedding, financial issues need to be clarified.

Have from the previous marriage Claims to spousal maintenance continued, the question quickly arises whether this must continue to be paid. Because it is not uncommon for the corresponding legacy burdens to also influence the financial status of the new marriage community.

Post-marital maintenance is no longer applicable due to a new marriage not in any case. Basically here is distinguish between the dependent and the dependent Spouses.

Maintenance if the entitled spouse remarries

If the dependent spouse enters into a new marriage partnership, so his entitlement to post-marital maintenance no longer applies after remarriage to the maintenance debtor - the ex-spouse. The legal basis for this can be found in Civil Code (BGB). Section 1586 (1) BGB certainly:

The maintenance claim expires upon remarriage, the establishment of a civil partnership or the death of the beneficiary.

 

That means: the spouse has if you remarry after the divorce you are no longer entitled to maintenanceif a new marriage is entered into or a registered civil partnership is established. The new spouse is now obliged to provide maintenance (§ 1360 BGB). A normal partnership with no marital commitment is therefore not an exclusion criterion here.

But how about that Maintenance debtor from: Can he simply refuse to support him if he remarries?

Maintenance after remarriage of the person liable for maintenance

The maintenance debtor may not simply refuse maintenance in the event of remarriage.

In contrast to the maintenance recipient, for whom the right to maintenance lapses with remarriage, the maintenance debtor cannot simply stop making payments if he does enters into a new marriage himself. Basically, the maintenance obligation towards the ex remains despite the responsibility for a new relationship.

The claims of the former should and cannot simply be canceled by those of the new spouse. Rather, new and old partners face each other. Sometimes the new, sometimes the former partner can take precedence over the other.

The Precedence, which begins with the maintenance through the new marriage, is due to the provisions in § 1609 BGB. According to this, ex-spouses in particular have then Priority over the new husband, If you Take care of children and receive childcare allowance or longer than 15 years were married to the debtor.

In addition, the former spouse entitled to maintenance is to be given priority over the new partner even if the latter is not also entitled to maintenance in the event of a divorce would. If this is the case, however, the following applies to both spouses - new and former: In the event of remarriage after the divorce, both are considered to be alimony equal.

As a rule, the maintenance claim of the divorced person entitled to maintenance takes precedence in family law. The main aim of this provision is to prevent maintenance debtors from remarrying in order to evade maintenance payments to the ex-partner as quickly as possible.

But what about that Income of the new partner? If the ex-wife or ex-husband remarries, will this be used for maintenance purposes, so that an increased claim arises?

Recalculation of maintenance through new marriage?

The recalculation of maintenance claims is usually not necessary after remarriage.

If the maintenance debtor remarries, this usually takes place no recalculation of spousal support. The income of the new partner cannot justify any increased claims of the ex-spouse, as only the requirements that existed during the marriage and at the time of the divorce are important here.

The same also applies to the Child support in the event of remarriage: Child support is then not simply calculated on the basis of all three parties - debtor, new and ex-spouse. The Federal Constitutional Court (BVerfG) decided in a judgment of 25 January 2011 (file number: 1 BvR 918/10) that the Crediting of the third, added income violates the Basic Law.

Regardless of whether it is child maintenance or post-marital maintenance: A new marriage of the debtor does not give rise to any increased entitlement for the dependent. The income of the new partner remains unchanged.
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Post-marital alimony - does a new marriage affect entitlements?
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