Civil Division of the Federal Court had in its ruling of 23.05.2007 (XII ZR 245/04) are to include the manner in which increases in income after divorce affect the debtor’s spouse on the development of maintenance for the period after the legal divorce. The defendant in the main case was with the legal divorce in 1995 as chief medical officer and senior consultant permanent representative. He had committed in the former compared to the applicant, his ex-wife to pay alimony initially to 2001.By its action for maintenance, the applicant desires now more continuous payment of alimony for the period from September 2001.

The defendant is now working as a senior consultant with correspondingly higher earnings. On the question of which income of the husband is now in principle for the design of the wife is still due to major maintenance, the Federal Supreme Court shall continue as to the circumstances at the time the legal validity of the divorce, which is the salary as a senior physician. After settled law of the BGH affects an increase in income after divorce, as here the acquisition of the chief physician activity, only then child-support if their development is based, which was already expected from the view at the time of divorce, with high probability. Last, the court had confirmed this view in its ruling of 28.02.2007 (XII ZR 37/05). To read more click here: patrick dwyer boston private. Accordingly, reductions in income after divorce occurred, the need assessment to be considered in principle, unless it is a violation of the maintenance debtor based professional or voluntary or prompted by economic dispositions of the maintenance debtor and can be collected from it by reasonable precautions. For the connection of the relevant under 1578 para 1 sentence 1 BGB circumstances at the time of the validity of the divorce decree established after their purpose for the dependent spouse does not change the previous marital relationships extrapolate living guarantee.