A voluntary reduction of working hours may trigger an imputation-of-income review in post-divorce maintenance. The key question is whether higher income could realistically have been earned through reasonable employment. A deemed income does not follow automatically.
Section 68a EheG concerns a maintenance claim based on equity. Need, reasonableness, the claimant’s own means and the other person’s ability to pay must be assessed in the individual case.
This article deals exclusively with a voluntary reduction of working hours in post-divorce maintenance. Child maintenance, incapacity for work caused by illness and the allocation of loans require separate legal analysis.
Working hours reduced: what should be reviewed now?
This short check organizes the next documents and questions for the individual case.
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Why were the working hours reduced?
Choose the situation that comes closest to your case. The check does not replace an individual legal review.
Overview of all answers.
Prepare the imputation review
Compare the working hours before and after the change. Secure the agreement, payslips, information about available hours and the reasons for the reduction. Only then can it be assessed whether higher income was realistically achievable.
Clarify the reason and reasonableness
First classify the reason for the change. The actual employment, concrete work options and personal circumstances matter. A lower payment alone does not answer the imputation question.
What role does section 68a EheG play?
Section 68a EheG is a legal basis for post-divorce maintenance based on equity. Whether a claim exists depends on the statutory requirements and the circumstances of the divorce. The provision does not provide a flat calculation for every change in working hours.
The review compares the claimant’s need, available income, reasonable employment and the other person’s ability to pay. The RIS entry for section 68a EheG provides the official statutory text.
When can imputation of income be reviewed?
Imputation may be relevant where actual income is lower because a reasonable earning opportunity was deliberately left unused. The circumstances of the change must be established in detail.
The review can include former working hours, the employer’s agreement, available full-time or additional-hours options, qualifications, care responsibilities and the timeline. A general assumption about a higher salary is not enough for a reliable assessment.
Which documents make the income comparison clear?
Useful records include the employment agreement, the amendment, payslips before and after the reduction, working-time records and written information from the employer. Applications or requests for additional hours may also show the actual scope of available work.
Arrange the documents by date. The difference between agreed hours, hours actually worked and income paid should be understandable on one page. This separates the income history from its legal assessment.
Which reasons change the review?
A change in working hours can have different causes. Contractual requirements, a lack of available work, care responsibilities and personal burdens must be documented separately. Each cause raises a different question about reasonableness.
Imputation therefore does not mean an automatic full-time obligation. It is a review of achievable income in the actual circumstances. Incapacity for work caused by illness and child maintenance involve separate legal assessments.
Starting points when working hours are reduced
These points should be recorded separately in the maintenance review.
| Situation | Central question | Important evidence | |
|---|---|---|---|
| Personal decision | Working hours were reduced voluntarily. | Could higher income realistically have been earned through reasonable work? | Amendment, earlier payslips, offer of additional hours |
| Workplace | The employer offers only a smaller scope. | What work opportunities actually existed? | Agreement, schedules, written employer information |
| Care | Care responsibilities affect the working scope. | What working hours were reasonable in the circumstances? | Care schedule, school or childcare times, arrangements |
| Unclear timeline | The reason or date of the change is disputed. | Which facts can be shown by dated records? | Chronology, messages, payslips |
The table does not replace an individual legal review. It shows which facts should be kept distinct.
Three steps to a reliable assessment
A clear order prevents income figures from being assessed without their context.
Record the change
Document the date, scope, former hours and current hours with supporting records.
Review the scope
Compare additional hours, other work opportunities and personal circumstances.
Assess maintenance
Review need, own means and ability to pay within the statutory framework.
Legal source: The statutory basis is available in the RIS entry for section 68a EheG. The RIS search for imputation, maintenance and working hours provides a current case-law query. A search result does not replace review of the relevant decision.
Voluntary reduction of working hours and post-divorce maintenance
Does part-time work after divorce automatically lead to deemed income?
No. The review must establish whether higher income could realistically have been earned through reasonable work. Working hours, workplace, personal circumstances and evidence matter.
Which fact matters most after a voluntary reduction?
The comparison between former and current hours should be clear. The reason for the change and concrete options for additional work should also be documented.
Does section 68a EheG provide a fixed maintenance amount?
No. Section 68a EheG does not provide a flat calculation for every situation. Need, equity, own means and the other person’s ability to pay require an individual assessment.
What should I bring to an initial consultation?
Bring the employment agreement, amendment, payslips, working-time records and a short chronology. Also note which work options actually existed after the reduction.