BGH reverses ruling on spouse income in maintenance garnishment

The German Federal Court of Justice (BGH) has issued a significant reversal regarding the garnishment of assets for maintenance claims under §850d ZPO. Previously, the income of a non-separated spouse could be factored into determining the debtor's necessary maintenance, which could effectively reduce the debtor's required maintenance to zero and significantly increase the amount available for garnishment.

The BGH has now clarified that the income of a spouse who is not living separately must not be included when determining the debtor's necessary maintenance. This decision is expected to have substantial implications for enforcement practices, as it ensures the debtor's subsistence minimum is protected without relying on the spouse's earnings.