The law firm Dittenheber & Werner informed the family law reform from January 1st 2008 there were changes in German law, maintenance. Particularly noteworthy are the efforts of the legislator to strengthen the responsibility of divorced spouses. This undertaking is reflected in stricter requirements for the recording of a work after the divorce. The Munich-based law specialists in the law firm Dittenheber & Werner illuminate the basics of keep legally appropriate activities according to the provisions of 1574 I, II BGB. The principle of self responsibility in the spousal follows from 1569 BGB. Be required due to its stipulations basically divorced spouses to muster their support itself. In accordance with section 1574 I BGB is the maintenance recipient only incorporating a post-divorce employment, provided she met the adequacy standards of section 1574 II BGB. Whether a particular activity II is BGB as reasonable to regard according to section 1574, determines the jurisdiction in a detailed individual consideration of the following characteristics: Training of the divorced spouses before or during the marriage reached educational level is an important criterion in assessing adequacy.
Economic activities based on appropriate training, are generally considered appropriate due to the legal requirement for personal responsibility. The divorced spouse exercised gainful employment during the marriage, which did not agree with his training, the adequacy on appropriate fields of activity extends. A long absence from the labour market to do so, that former training form no basis in appropriate gainful, led the divorced spouse is obliged to take further – and training as well as retraining at claim to promote his views on an activity. Skills in addition to the educational level of the divorced spouses are his professionally usable abilities of high relevance. Was a spouse, for example, in the Office of family life Company active and acquired skills outside of training, these form the relevant basis of an appropriate gainful employment.