Since the spouse remaining in the property does not have to pay rent, this pecuniary advantage is credited as fictitious income when calculating post-marital maintenance.
The decisive factor is the local market rent (excluding utilities) for a comparable property, which we usually determine on the basis of local rent indices or as part of the appraisal.
In the initial period following the separation, only a reduced housing benefit is often applied, since the remaining partner is granted a certain transitional period for adjustment.
The calculation is usually based on the local market rent (excluding utilities) for a comparable, unfurnished property, regardless of whether the actual property is larger or smaller than the remaining partner's actual needs.
In particular cases of hardship, for instance where the partner remaining in the property has very low income, the applied housing benefit may be adjusted on a case-by-case basis.
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