The maintenance claim against the "Ex" falls away when one moves in with the new partner

December 7, 2016

The Higher Regional Court Oldenburg published an indicative ruling that the right to separation support can be dispensed with if the needy spouse has been in a relationship with a new partner for over a year and moves in with them.

Here the wife had been together for over a year with her new partner. They had moved in together. She and her new partner had appeared in public as a couple, had vacationed together and attended the respective family festivities. The son from the marriage called the new partner "Dad". The husband's request to not have to pay maintenance anymore will now be granted.

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