Consideration of Income Increases Due to Career Advances in Separation Maintenance – Fundamental Issues and Current Developments
The calculation of separation maintenance remains a complex topic in family law. In particular, the key question is whether and to what extent income increases achieved during the separation period, such as those resulting from a so-called career leap, should be taken into account in maintenance law. The Higher Regional Court of Brandenburg issued a landmark ruling on this matter on 10.07.2019 (Case No.: 9 UF 49/19), whose effects are also highly relevant in commercial law contexts and for wealthy private individuals.
Relevant Legal Foundations for Separation Maintenance
Separation maintenance according to § 1361 BGB aims to ensure an adequate standard of living for the economically weaker spouse even after separation. As a general rule, the maintenance claim is oriented to the economic circumstances prevailing during the marriage, known as the marital standard of living. However, it remains questionable how to treat changes occurring after separation – particularly regarding significant salary increases.
Distinction: Future Development or Marital Component?
Income from Career Steps After Separation
The Higher Regional Court of Brandenburg emphasizes in its decision the fundamental distinction between career advancement based on developments initiated during the marriage and entirely new career paths realized after separation. It is stressed that economic improvements resulting from a career leap occurring only after separation are generally not included in the marital standard of living relevant for separation maintenance.
The court draws a clear line in this respect: only income increases originating from developments already evident during the marital cohabitation – for instance, those expected as regular professional progress – are considered marital components and taken into account for maintenance purposes. On the other hand, income derived from an extraordinary career surge occurring after separation (“career leap”) is generally excluded.
Relevant Time of Evaluation and Exceptions
The decisive factor for assessment is the time of separation: courts examine whether at the time of separation there was a concrete expectation of career advancement. If professional progress – for example, via a promotion to a management position or a change to a significant employer – took place only after the end of the marital cohabitation and was unforeseeable beforehand, resulting income increases are not attributed to the maintenance-relevant income.
This principle can only be deviated from in narrow exceptional cases, such as when objective indications of an impending career step already existed during the marriage.
Impact on Maintenance Law Practice
The clear doctrinal separation between career-dependent income increases and subsequent career steps has significant implications, particularly in cases of substantial salary increases. For spouses active in business or holding management positions, this may mean that substantial income gains resulting from restructurings or changes in position after separation are generally disregarded. In the aforementioned case, a significant post-separation salary increase due to an employer change was therefore not included in the separation maintenance calculation against the maintenance-obligated spouse.
This approach protects against an excessive extension of maintenance obligations beyond the standard of living experienced during the marriage and respects both the private autonomy and the personal responsibility of the spouses after separation.
Significance for Economically Strong Parties and Scope for Structuring
In the property law context, especially with high incomes, the distinction between marital income and extraordinary income increases after separation provides important guidance. It creates legal certainty and helps ensure that spouses active in entrepreneurial or executive roles are not burdened with maintenance obligations arising from subsequent changes in economic capacity.
At the same time, the regulation leads to an increased need for forward-looking contractual arrangements, such as prenuptial agreements or separation agreements, because the foundations for later maintenance claims can already be set during the joint living phase.
Summary and Outlook
The decision of the Higher Regional Court of Brandenburg highlights the importance of a careful examination of the causes of income increases in determining separation maintenance. The focus is always on the distinction of whether a salary increase is attributable to career steps initiated during the marriage or to new developments independent of that, occurring after separation.
Those confronted with the complex interactions between career changes, the dissolution of the marital partnership, and the resulting maintenance obligations recognize the intricacy of the applicable family law. MTR Legal is pleased to offer you additional information as well as an individual legal analysis to tailor the handling of your personal situation within the framework of customized family law advice.
