A capital lump sum instead of spousal maintenance under section 70(2) EheG may be considered in place of monthly maintenance payments. There must be an important reason. The payment must also avoid placing an unreasonable burden on the maintenance obligor.
The provision regulates the form of maintenance. It does not replace the assessment of whether a post-divorce spousal maintenance claim exists or how much is owed. It also does not automatically settle the division of marital property after divorce.
This article explains which facts should be organised for the important reason, the economic burden, the amount and the security of payment. The legal assessment remains tied to the concrete situation of both sides.
Capital lump sum instead of maintenance: what must be checked?
This short check separates the claim, the important reason and the economic burden.
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Which question comes first when considering a capital lump sum?
Choose the point for which you want to organise your documents first.
Overview of all answers.
Document the circumstances and important reasons
Write down why a capital payment should replace monthly maintenance in the particular situation. Organise the timeline and the available documents. Section 70(2) EheG contains no fixed list that can replace an individual assessment.
Review the economic burden
Prepare an overview of the obligor’s income, assets, regular payments, debts and liquidity. The due date and security for the capital amount also matter when assessing whether the payment creates an unreasonable burden.
Organise the amount and payment terms
Record the previous monthly amount, the relevant period and the requested payment method. The amount, due date, instalments, security and scope of any settlement can then be reviewed separately.
Separate maintenance and property division
Keep two separate overviews: one for maintenance under section 70 EheG and one for marital household property and marital savings. A capital payment is not automatically compensation for property.
Review the agreement before signing
Organise the draft by maintenance, period, payment, security and settlement scope. This keeps clear which claims are actually covered and which remain open.
What section 70(2) EheG provides for a capital lump sum
Section 70(1) EheG identifies a monetary annuity as the starting form of spousal maintenance. The annuity is payable monthly in advance. Under specific conditions, the entitled person may request a capital lump sum instead of that annuity.
Two conditions must be considered together: there must be an important reason. The payment must not place an unreasonable burden on the obligor. A lump sum is therefore not an unrestricted choice without further review.
Section 70(3) EheG also provides that the full monthly amount remains owed if the entitled person dies during the month. This shows why the timing and scope of the maintenance payment must be kept clear.
When an important reason may support capital instead of an annuity
Section 70(2) EheG does not define an important reason through a complete list. The circumstances and the concrete life situation therefore matter. The explanation must show why monthly maintenance should be replaced by a capital amount in that case.
A mere preference for receiving money immediately does not answer this question. A general statement that the entitled person wants financial independence is also insufficient on its own. The reason must be connected to the circumstances, the maintenance need, the purpose of payment and the chosen form.
A timeline helps prepare the case. Record changes in housing, health, employment, maintenance payments and discussions with their dates. Whether these facts amount to an important reason remains an individual legal question.
How the obligor’s economic burden is assessed
The economic burden is a separate condition. It is therefore not enough to look at how high the capital amount would be for the entitled person. The assessment must also show whether the obligor can pay without unreasonable consequences.
The overview should include current income, available assets, loans, other maintenance duties, housing costs and special expenses. The payment date also matters. A payment may be assessed differently when liquidity is available than when an immediate payment would require the loss of necessary financial security.
Instalments, security or a clearly defined due date may affect the economic assessment. They do not automatically make the payment reasonable. The concrete arrangement must balance the entitled person’s need with the obligor’s capacity.
How the amount, due date and security are set out
Section 70(2) EheG does not provide a standard calculator for a capital lump sum. The basis of the existing maintenance claim must therefore be clear first. This includes the legal basis, the previous monthly amount, changes and the period covered by the payment.
The amount and due date should then be stated clearly. A draft should explain whether payment is immediate or by instalments, what security is provided and what happens in case of default. Unclear wording makes it harder to prove whether maintenance was paid in full.
The calculation must include the economic data of both sides. A transparent statement should identify assumptions, periods and payments already made. A figure without a verifiable explanation is not enough for a reliable agreement.
Why a capital payment does not replace property division
The capital payment concerns the form of maintenance. Property division under sections 81 et seq. EheG concerns marital household property and marital savings. Both areas may arise in the same divorce case.
A payment should therefore not be treated as compensation for a home, account balance, business, vehicle or other asset without a clear agreement. Conversely, a property division arrangement does not automatically settle spousal maintenance.
A separate presentation is useful for the draft. Each payment should have a clear purpose. If several claim areas are settled together, the amount, legal basis and scope of settlement for each area must remain recognisable.
Which documents make the important reason understandable
To review the important reason, prepare a short description of the circumstances with supporting documents. These may include maintenance decisions, agreements, payment records, correspondence and documents showing changes in the life situation.
The burden assessment may require income records, bank statements, asset overviews, loan documents, housing costs and other regular obligations. The documents should cover the same period. This prevents individual monthly figures from being taken out of context.
A table with date, amount, purpose and source makes the review easier. Include maintenance already paid, back payments and open amounts. If a document is missing, identify the gap openly. A flat figure added later is harder to assess.
What to clarify before an agreement or court request
Before an agreement or a request to a court, the legal basis of the spousal maintenance claim should be clear. Only then can the special form of a capital lump sum under section 70(2) EheG be assessed in a reliable way.
Treat the important reason, economic burden, amount, due date and security as separate points. An agreement should also state which maintenance periods are covered and whether further payments remain open.
A comprehensive settlement should be signed only when the text describes the maintenance payment clearly. A reference to “all claims” alone does not explain whether property division or other claims are included.
Common mistakes when arranging a capital lump sum
The first problem is the assumption that a capital payment must always be available on request. Section 70(2) EheG requires an important reason and excludes an unreasonable burden on the obligor. Both points belong in the explanation.
Another mistake is a figure without a clear basis. If the monthly amount, period, payments and due date are missing, it remains unclear which maintenance is being settled. This complicates both review and implementation.
Mixing the payment with property division also creates uncertainty. The home, savings, debts and maintenance should be recorded separately. One agreement may regulate several areas. The separate legal bases must still be visible.
What should be documented after payment
After payment, keep the transfer record, receipt and agreement together. For instalments, also document the due date, receipt of payment and any security on an ongoing basis.
Check whether the agreed amount has arrived in full. If part remains unpaid, record the open amount with its period and legal basis. An unclear receipt can create new questions of interpretation later.
The scope of any settlement is especially important. A capital payment for spousal maintenance settles only the claims actually covered by the wording. Property division, child maintenance and other separate questions must be reviewed independently.
Monthly maintenance and capital lump sum compared
The form of payment changes the practical issues that need to be reviewed.
| Area | Monthly annuity | Capital lump sum |
|---|---|---|
| Legal form | Monthly monetary payment in advance | One-off or agreed capital payment instead of the annuity |
| Condition | Maintenance claim and amount must be assessed | Important reason plus no unreasonable burden on the obligor |
| Payment details | Monthly amount and recurring due date | Total amount, due date, instalments and security stated clearly |
| Scope | Maintenance payment | No automatic settlement of property division |
Section 70(2) EheG contains no standard capital calculator. The assessment depends on the facts of the case.
How to prepare the capital lump sum step by step
Separating the legal basis, circumstances and figures prevents later uncertainty.
Secure the maintenance basis
Organise the decision, agreement, monthly amounts and previous payments by date.
Describe the important reason
Connect the circumstances, development and reasons for a capital payment with documents.
Assess the burden
Review income, assets, regular obligations, liquidity and payment date for both sides.
Secure the payment
State the amount, due date, instalments, security and scope of settlement clearly.
Practical tip: Keep two separate overviews: one for spousal maintenance and one for property division. This shows which amount is intended to satisfy which legal basis.
Capital lump sum for spousal maintenance: frequently asked questions
Can I demand a capital lump sum simply because I prefer it?
Section 70(2) EheG ties a capital lump sum to an important reason. The payment must also not place an unreasonable burden on the obligor. A preference for a one-off payment does not by itself establish these conditions.
How is the capital amount for spousal maintenance calculated?
Section 70(2) EheG contains no standard calculator. Relevant points include the maintenance basis, the monthly amount, the period, payments already made, the payment structure and the economic burden on both sides.
Does a capital lump sum automatically settle property division as well?
No. The capital lump sum concerns the form of maintenance. Marital household property and marital savings must be reviewed separately. A joint agreement must identify each legal basis clearly.
Which documents do I need for the review?
Useful documents include the maintenance decision or agreement, payment records, a timeline and documents on the income, assets and regular obligations of both sides. The selection depends on the particular question.
What should a capital lump sum draft include?
The draft should expressly state the legal basis, period, amount, due date, instalments or security and settlement scope. This keeps clear which maintenance claims it covers.
Further information on maintenance and preparation
Post-divorce maintenance under section 68a EheG
Review need, own income and a new partnership in context.
Maintenance focus area
Prepare spousal maintenance, child maintenance and evidence in an organised way.
Documents check
Collect documents for a structured initial consultation and arrange them by period.
First steps after separation
Record housing, documents and ongoing payments in a factual way.
Severance and anniversary payments in divorce
Classify other marriage-related payments by entitlement, receipt and division.
Divorce and separation topics
Choose further family-law questions by life situation and next step.
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