How do I get alimony as an ex-partner?
After a divorce, you are entitled to alimony from your ex-spouse under certain conditions.
The law distinguishes between the two forms of divorce.
- If you are divorced on the grounds of irretrievable breakdown of the marriage, then you can claim maintenance at the family court for if you have a need for it and are not guilty of partner violence or other serious fault, such as proven adultery, for example.
- If you are divorced by mutual consent, then you will only be able to receive maintenance payments for if you have agreed to this in the EOT agreement with your ex-spouse.
After the cessation of a de facto cohabitation or legal cohabitation, you are not entitled to maintenance under the law, even if you are indigent.
Do I need a lawyer to get alimony?
In doing so, a lawyer has the knowledge and experience to make your divorce as smooth as possible. It is often already an (emotionally) difficult period for you. The lawyer sympathises with you but knows the laws and which points you should pay special attention to so that your interests are best defended.
Your lawyer can also make your wishes clear to the judge in clear language in court.