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Einmal Chefarztgattin – immer Chefarztgattin? Wie viel Unterhalt bekommt die erste, wie viel die zweite Ehefrau?

The is commonly known, Who can divorce, comes to the upkeep is a must. In most cases, pay the man and the woman receives. But how much is the maintenance between spouses? This question has long been as clear as clear: it depends on the marital relations, is thus not generally calculated according to tables as in child support. The income of the divorced individual was - put simply - are added and then divided by two. The relevant income has been charged against the so-determined maintenance requirements. Until 31.12.2007 the marital relationships for the time of divorce have been identified. Those who were divorced wife as the head physician could virtually the rest of his days living as a Chief doctor's wife received. In addition to the many affected men was then the legislature unjust and renewed with effect as of 1.1.2008 the maintenance law. Maintenance after divorce can now be more limited in time and reduce the amount of everything from the point that the divorced spouse must generally pay for themselves for a living. Furthermore, the ranking of dependents in the event that the debtor is not in a position to provide them with all maintenance (so-called lack of case), have been defined: If, during the minor children of the first rank is assigned, divorced and new spouse rank equal in principle. Chief Medical wife goodbye!

This new legislation has prompted the Federal Court in a landmark ruling to determine how much maintenance can require a divorced spouse, when a new spouse is present. With Judgement of 30 July 2008, he has for the first time a maintenance obligation towards a new marriage partners in the assessment of the needs include the divorced spouse, considering that the maintenance needs of the divorced spouse must be determined by his income as well as those of the debtor and the new spouse together and divided by three (so-called tripartite method) would. In einer Kontrollrechnung sei anschließend sicherzustellen, dass der geschiedene Ehegatte höchstens den Unterhalt erhalte, der sich ergäbe, wenn der Unterhaltspflichtige nicht erneut geheiratet hätte. Immerhin seien der alte und der neue Ehegatte gleichrangig; zudem zeigten die Regelungen zur Befristung und Höhenbeschränkung des nachehelichen Unterhaltes, dass sich die ehelichen Lebensverhältnisse nach der Scheidung zulasten des Geschiedenen durchaus ändern könnten.

Damit ergab sich die Situation, dass bei der Ermittlung der Höhe des Geschiedenenunterhaltes vor einer Wiederheirat die Einkünfte der Geschiedenen durch zwei, nach the re-marriage but are divided by three. The principle disadvantage of the divorcees and even if the new spouse has very high income, because the Divorced maintenance is limited by the sizing up may be required on the amount that would have been before the remarriage.

This discrimination is tilted from now: The Federal Constitutional Court by order dated 01.25.2011, 1 BvR 918/10, explains the tripartite method unconstitutional. The jurisprudence of the Supreme Court wrongly replace the legislative decision to base the determination of maintenance needs by own ideas of justice. The stand the Court is not. The Constitutional Court has annulled a decision of the Saarland Higher Regional Court, which had applied the Supreme Court case law, and rejected the new decision. It will be interesting what the Supreme Court case law from the new location.

Federal Constitutional Court , decision of 01/25/2011
- 1 BvR 918/10 -

http://www.bundesverfassungsgericht.de/entscheidungen/rs20110125_1bvr091810.html

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