Post-divorce maintenance under section 68a EheG is not determined by one percentage. Need, equity, income and the actual circumstances must be considered together.
A new partnership may be relevant to the assessment. It does not replace a review of actual support, the claimant’s own means and any unmet need.
This article focuses on the link between the claim, a new partnership and the evidence required.
What should be clarified when there is a new partnership?
The short check separates the next useful steps.
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What should be clarified when there is a new partnership?
Choose the situation closest to your case. The check is not an individual legal assessment.
Overview of all answers.
Document the actual living situation
Record the start, shared household, cost allocation, own income and support. Calling a relationship a partnership does not answer the maintenance question.
Review current figures and grounds for change
Check the agreement or order, current income and whether the legal or factual basis has changed.
Section 68a EheG and actual need
A claim under section 68a EheG is assessed by actual need and statutory equity factors. A flat percentage does not replace the individual assessment.
Own income, assets, earning capacity, the length and structure of the marriage and both sides’ financial position may matter.
What a new partnership can change
A new partnership may matter to need and equity. The key point is not simply whether someone lives with another person, but what support and cost sharing actually take place.
The assessment must not rest on assumptions. Household costs, joint purchases, regular payments and separate economic areas should be set out separately.
Evidence for the claim and a change
Useful evidence includes bank records, income documents, housing and household costs, insurance records and a short partnership timeline.
Where there is an existing order or settlement, include its wording and date. Only then can a change be assessed responsibly.
Common mistakes
A new relationship is sometimes concealed or presented as complete support without evidence. Both approaches make the assessment harder.
A new agreement without current figures is also risky. Maintenance and partnership should not be assessed only through emotional statements.
Next steps
Arrange the facts in three columns: unmet need, own means and actual support from the new partnership.
A lawyer can then assess whether a claim exists, an adjustment is needed or further evidence is missing.
New partnership and maintenance
The label alone is not decisive.
| Need | Own means | Actual support | |
|---|---|---|---|
| Question | Which costs remain uncovered? | Which income and assets exist? | Which costs are actually shared? |
| Evidence | Housing and household costs | Bank, pay, insurance | Payments, purchases, household management |
| Risk | Asserting need in the abstract | Omitting income | Assuming support from the relationship |
The table does not replace a review of the actual documents.
Three steps to a focused review
Organise the facts first, then the legal question.
Map the situation
Record start, household and cost sharing.
Evidence the figures
Collect need, income and asset documents.
Review the legal basis
Assess claim, change or settlement on the evidence.