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How Germany’s alimony rules work for older couples splitting up

Divorce after decades together? German law treats ‘gray divorces’ the same as any other—but honesty about finances is critical. Here’s what you need to know.

The image shows an old family record with a book on top of it. The book is open and there is text...
The image shows an old family record with a book on top of it. The book is open and there is text written on it, likely indicating that it is a marriage certificate.

How Germany’s alimony rules work for older couples splitting up

Divorce proceedings in Germany follow clear but flexible rules, especially when it comes to alimony. Courts consider factors like marriage length, income differences, and fairness in deciding spousal support. For older couples, often called 'gray divorces,' the same nationwide laws apply without special state-specific adjustments.

Alimony, known as spousal support, is more commonly granted when a marriage lasts over a decade and one partner earns significantly less. The longer the union, the greater the chance the lower-earning spouse will receive financial help to keep their lifestyle stable after separation. Judges also weigh contributions like raising children or managing the home, which may have supported the higher earner’s career.

Courts have broad discretion in these cases, always aiming for fairness and honesty. Hiding assets or lying about finances can backfire, leading to worse outcomes for the dishonest party. Since no German state has unique laws for gray divorces, all decisions follow the federal Civil Code (BGB), particularly §§ 1569–1586. Legal experts advise both partners to work with attorneys. This ensures a smoother process and helps avoid future regrets over financial or personal oversights.

The outcome of alimony cases depends on marriage length, income gaps, and individual circumstances. Older couples face the same legal framework as younger ones, with no regional exceptions. Proper legal guidance remains key to navigating divorce fairly and efficiently.

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