Can I pay less maintenance if my finances worsen after divorce?

If your financial situation has worsened substantially and permanently, rather than temporarily, after divorce, you may request reduced maintenance or even suspension for a short period. A substantial deterioration generally means an income reduction of at least 10–15%. If your previous finances were very strong, the reduction must be greater, around 15–25%. The reason for reduced income matters. If you resigned, for example, the court must examine whether continuing work was genuinely unreasonable. If not, maintenance will generally not be reduced. If your employer dismissed you, the court considers how quickly you are likely to find new work. Maintenance is then adjusted for a period on this basis.

Procedure

To change maintenance, file an action to amend the divorce judgment at the court where you or your former partner reside. The court will adapt the original calculation basis to the new circumstances.

 

In short: If your finances worsen substantially and permanently after divorce, you can ask the court to amend maintenance in the divorce judgment. The court will adapt the calculation to the new circumstances.

#FamilyLaw#Divorce#Maintenance#SwissLaw
Written by Samuel Müller
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