As of: February 27, 2024, 5:19 p.m
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Split
Divorce is rarely pretty.
If you want to be in a good position when it comes to money, you should actively take care of financial matters after the separation.
As is well known, love makes you blind - and probably leads to one or two ill-considered marriages.
Realistically speaking, the promise “in good times and bad” often cannot be kept.
On average, one in three marriages in Germany ends in divorce.
According to the
Federal Statistical Office,
there were around 2022
137,000 divorces.
There are many things to take care of during this difficult time.
Particularly when children are involved, separation can become an emotional challenge.
A divorce also has far-reaching consequences from a financial perspective.
You should definitely clarify the following points when separating.
Observe the 1st year of separation before divorce
A divorce is a lengthy process.
Before a marriage can be officially divorced, a year of separation is necessary.
Married couples must live apart from each other for at least twelve months before a divorce is possible.
This is regulated in Section 1565 of the
Civil Code
(BGB).
The legislature wants to prevent hasty divorces.
During the year of separation, married couples have the opportunity to reconsider their decision.
An early divorce is only possible in exceptional cases.
The applicant must then prove that continuing the marriage “would represent unreasonable hardship” (§1565 BGB).
Marriage failed - what now?
© Oleksandr Latkun/IMAGO
2. Determine your living situation
One of the most difficult and important aspects is to decide who will stay in the shared apartment.
The partner who moves out is particularly vulnerable to disadvantages.
Without changes to the rental agreement, he remains liable and cannot yet get his part of the deposit back.
In order to be in a better position legally, the person moving out can try to change the rental agreement.
However, this is not always approved by the landlord.
It is safer for him to have two debtors.
In this case,
finanztip.de
recommends a written agreement between the spouses, which releases the person moving out from the claims arising from the rental agreement.
If no agreement can be reached, an application for an apartment allocation can be submitted to the court.
If it is a shared house or apartment, both spouses remain equal owners.
The person moving out can then demand rent from the other partner - unless the partner does not receive their own income and remains living there with the children.
Important considerations would be whether the shared property should be sold entirely or whether one partner wants to keep the house alone.
Then he or she would have to pay off the other person.
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3. Clarify assets
If there is no notarized marriage contract that explicitly states otherwise, then the legal marital property regime of community of gains applies to married couples (§ 1363 BGB).
This means that each spouse keeps what they already owned before the marriage.
Even during the marriage, everyone can continue to generate and manage their own assets.
This also applies to debts: everyone is responsible for their own debts.
In the event of a divorce, however, the assets earned are divided between the partners - this is referred to as an equalization of gains.
The
Federal Ministry of Justice
writes on its website: “The spouse who acquired more assets during the marriage than the other must compensate for half of the difference in assets.” This requires a payment of money;
a division of assets is not suitable.
It is important to find out about your spouse's assets, for example if they have their own company.
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4. Arrange maintenance payments
If the ex-partner cannot provide for himself or herself financially - for example because he or she is looking after small children - separation maintenance comes into play.
The economically stronger partner then has to pay maintenance - unless it endangers his or her own livelihood (§ 1361 BGB).
Separation maintenance is legally binding until the divorce is completed.
There may then be a claim for post-marital maintenance.
Maintenance payments are also due if children are involved.
The parent with whom the children live provides what is known as maintenance in kind.
This includes care, meals and more.
The other parent must provide cash support - i.e. support the children financially with cash payments.
The amount of this amount depends on the respective income and is set in the Düsseldorf table.