Skurril aber fair: Nacheheliche Unterhaltspflicht endet nicht mit dem Tod

When a former spouse or partner of a deceased person passes away, are their ongoing maintenance obligations also over? Not necessarily, according to the Schleswig-Holstein Legal Association. In some cases, heirs of the deceased may still need to contribute further to the maintenance. But let's go step by step. An inheritance includes not only assets but also possible debts.

If a person was separated and owed maintenance to a former spouse, that obligation continues after their death. This type of maintenance is different from child support, which typically does not continue after the death of a parent. Therefore, the continuing maintenance obligation should be paid from the inheritance, but only until it compensates for the fictional share the surviving spouse would have received if the parties had not divorced.

This amount represents the amount the surviving spouse would have received if the parties had not divorced, but the surviving partner was not alive. Sounds complicated? It is. The legal association advises anyone receiving ongoing maintenance from a separated former spouse to have their potential claims reviewed after the other party's death.

This way, maintenance recipients have time to prepare for the eventual end of payments. Conversely, heirs should not be unduly burdened with fulfilling these claims.