Hi Claudia Marie,
Thanks for your answer the answer to question 1 is clear, can you just clarify a few things on the other 2 questions:
If he has worked on and off throughout the marriage does my sister have to support him just during the one year of separation, or for the year of separation and then for one year after separation, or longer?
Assuming the house is sold and my sister pays her husband half of the value does she still remain liable to pay him support?
Thank you for your response.
In 2009 the legislation concerning spousal support changed and since that time nothing is sure anymore as it used to be.
So now jurisdiction depends on the circumstances .
After the year of separation however the spouse who has not worked fulltime during marriage is obliged to do so and has to look for work and write 20 job applications per month.
If he does not succeed the income he could earn by working fulltime is added to his income as a fictitious income.
This is if he is not too ill to work fulltime for which you may need a medical expertise.
So she may have to pay support for longer than a year
As to the houseIf the house is sold the capital every spouse gets out of it does not count as income only the interest you could get on that capital does
So if everyome gets , say , 200,000 Euro out of selling the house he does not have to live of his share of the money but if he gets interest out of it or could get interest out of it counts as income or fictitious income
So she will have to pay less support because he will have income of his own
I would really recommend your sister take a good solictor who should be a Fachanwalt für Familienrecht ( divorce lawyer) like myself
I hope I was able to help and would very much appreciate getting a positive rating because this is how I get my share out of the deposit you made
Thank you so much and all my best wishes for your sister
Dear Customer,please have a look at my answer Took me such a long time thank you
Thank you for such a detailed answer. Much appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).