Separation and Divorce

Consider your financial position

A separation or divorce is usually associated with additional costs for the court, for the lawyer or for a new apartment. For this reason, both partners may face a financial bottleneck that does not necessarily allow for a premium payment. Draw the appropriate consequences by:

  • Making insurance non-contributory: Some insurance companies offer policyholders to pay no contributions for a certain period of time. In this period, you usually do not enjoy insurance coverage. For some insurance companies, you have to pay for the contributions in one installment after the end of the non-contributory period.
  • Insure insurance: If you leave an insurance, no contributions or payments are due. This is possible, for example, with a life insurance. In this case you can take the insurance back later.
  • Insurance terminate: A very consistent solution is the cancellation of insurance. However, you always have to expect financial losses for products such as life insurance. In other cases, you are subject to notice periods and can not terminate the contract prematurely.
  • Selling insurances: An alternative to the termination is, for example, to sell joint life insurance contracts. However, you should pay close attention to the corresponding offers in order to minimize the losses on sale

Inform all contract partners

If you have split up, you should immediately report the changes to banks and insurance companies. Enter your new address and a possible new bank account. After a divorce, many take their birth name again. In this case, it is also important that the appropriate contract partners are informed. In many cases, you will also receive assistance from your insurance company in case of separation.

Prepare for yourself

When insurance contracts are dissolved or rewritten, it is important to check your own insurance coverage. For example, there can be important supply and security gaps. This applies in particular to liability and disability insurance. Especially you should take care of the health insurance.

Let us advise you!

In a divorce, a lawyer is usually consulted. If you have any questions about your insurance coverage, you can also seek help. It is also possible that you ask your insurance broker for help, if you use this service.

You should check these contracts

There are numerous insurance and financial products that you can take out during a marriage. It is important that you first check the most important policies after the separation. In this section, you will learn what to look for in the case of separation.

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Health insurance

In Germany, health insurance is mandatory for all citizens. For families there is the possibility that spouses and children are covered by the statutory health insurance for free. Prerequisite is that the spouse or children have no income or earn less than 400 euros per month.

In case of disconnection please note the following:

  • Within the separation phase, the spouse remains covered by Paragraph 10 of the Social Security Code V for free.
  • Within one month after the final divorce the co-insurance claim expires.
  • Within three months, the ex-partner must then voluntarily insure by law. He can stay with the same SHI or choose another SHI. She is committed to his admission.
  • If both partners were privately insured, the debtor must pay for the costs of the ex-partner’s private health insurance.
  • Private health insurance of both partners continue unchanged after the divorce. It is important then whether a maintenance obligation exists.

Health care after divorce

If a spouse does not have a social insurance obligation after the divorce and does not have their own health insurance coverage, then the health insurance will apply. In this case, the alimony of the ex-partner must cover the contributions to the health insurance. They then belong to the need for life of the other, who usually also looks after the common children.

After the divorce, the maintenance partner has the right to voluntary insurance in the GKV. If both partners were privately insured, they could insist on taking over the costs of the private health insurance as part of their maintenance.

Special case children

If children were covered by statutory health insurance during the marriage and benefited from the free co-insurance, this claim must be examined in accordance with the conditions of paragraph 10 of SGB V. If there was a private health insurance for the children, it must be clarified in the context of the health care support who takes over the insurance premiums and whether a voluntary statutory or private health insurance is used.

If in doubt, ask a lawyer

The topic “health insurance and divorce” is very complex. It is therefore recommended that you get here professional advice, for example, by your lawyer.

Private liability insurance

If two spouses separate, the common insurance cover of the private liability insurance will be retained for the duration of the separation. Once the divorce is valid, only the policyholder and his children are covered by the private liability. Therefore, it is best to take care of your own insurance cover immediately after a breakup.

Take care of a new insurance right away

If the policyholder has a new partner during the separation phase and he takes this into the insurance cover, the ex-partner is immediately removed from the contract. Thus, it can happen that you do not realize that you are without liability insurance. An early own protection at a separation becomes all the more important.

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retirement

In the case of a divorce, all “pension entitlements” acquired in the marriage are listed in principle. These rights are contributions to the statutory pension insurance or company pension scheme. Each partner then receives a so-called “retirement account” from the partner’s pension provider. The entitlements are then split up on these quotes so that everyone receives half of the total. This division takes over the family court, if no other regulations, for example, were recorded in a marriage contract.

This procedure is also called “supply equalization”. He should ensure that pension rights are distributed fairly among the spouses. In this way, for example, women should not be penalized in a divorce if they had not worked through the parenting. Compensation is valid for both childless couples and couples with children. He also intervenes when the partners have new life partners or married.

These claims are taken into account in the provisioning balance

  • Pensions for civil servants
  • Pension income from the statutory pension insurance
  • Income from occupational supplies of doctors or lawyers
  • occupational pensions
  • Income from Rürup or Riester pensions
  • Income from private pension insurance
  • Private disability, employment or disability insurance

Private pension insurance

Whether private pension insurance is covered by the pension scheme depends on whether it has been completed on a pension or capital formation basis. For pension-based pension insurance, the pension is equal and the spouse has to pay half of the claims to his ex-partner.

The same applies if the policyholder has not yet exercised his or her right to choose (capital or pension).

In case of disbursement of the pension insurance, the compensation falls under the so-called “gain-compensation” and not under the pension scheme. The policyholder then usually has to pay less to his ex-partner.

Riester pension: supplements

If a couple is childless, uses a Riester pension and gets divorced, nothing happens. Both can keep their Riester allowances and continue the contract. If the couple has children, the child receives the child allowance, which also receives the child benefit payments. If the child benefit changes after the divorce, you must report this to both the supplements office and the provider of your Riester pension.

life insurance

After a divorce you should check the contract of your life insurance. It does not matter whether it is a life insurance policy or a term life insurance. It is important who is registered there as a beneficiary. If only the “spouse” was registered, the claim of the spouse with the valid divorce expires. If the name of the spouse was entered there, a change is important.

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gain compensation

You can include the capital growth of your endowment insurance in the profit-sharing scheme. In that case, you have to spend less of your capital on your ex-partner.

Car insurance

After the divorce, the contract of car insurance for the policyholder usually continues normally. So the damage free discount for him remains. If, however, the other partner wants to insure a new car, it is usually classified in the least favorable damage class.

Talk to your insurance company.

Make a call with the car insurance and describe the situation. Often the insurance companies then expect a better SF class.

Household

Basically, in the case of home contents insurance, the insurance coverage with the day of the separation only applies to the policyholder. As soon as the policyholder moves out, he reports the move to his insurer. Thereafter, the household effects of the old and the new apartment is usually insured for three months. After his departure, however, the other spouse is no longer insured.

However, there are insurers who grant two spouses a three-month insurance cover over the household policy after the separation. Unless you are the policyholder, you should immediately take care of a new household insurance.

Adjust the living space

After a separation, the ex-partners usually move first to smaller apartments. Be sure to adjust the floor space and the insurance amount in your policy to save money.

Other insurance

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Legal expenses insurance

If a joint legal protection insurance was used, this applies until the legal divorce for both spouses. Thereafter, only the policyholder is covered. He also keeps the policy. Therefore, it is important that you take care of your own legal protection, if you were previously only insured.

Private accident insurance

If there is a separate policy for each family member, there will be no changes after the divorce. Otherwise, you should change your family accident insurance into individual accident insurance after the divorce and check the subscription right in case of accidental death and change it if necessary.

Home Insurance

The policyholder of the homeowners insurance is legally the owner of the building, which is also registered in the land register. Usually both spouses are registered as owners. Thus, the insurance cover for both partners remains even after the divorce. If the house is sold after the divorce, the building insurance can be transferred to the new owner. He has one month to change the provider or the contract after the purchase.

Transfer of ownership changes insurance coverage

The joint insurance cover exists only as long as both spouses are still owners of the property. If ownership passes to one of them, the insurance expires for the other.

Assets and loans

account

In a joint checking account, action is important. The shared balance is shared as well as common debts. The division is usually made by the court.

assets

If you have been holding time deposits, savings accounts, investments or securities together, they must now be equitably divided.

loans

Not only credits must be distributed, but also loans. For example, make sure that shared mortgage lending is shared fairly.

Clear management of your finances

When sharing insurance, think about all policies. Nobody thinks of divorce at the beginning of a marriage. Nevertheless, you should clearly manage all contracts and policies. Thus, in the case of separation or divorce less effort for both parties.

Here you will find support

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Who has separated from his partner, can get professional support outside of family and circle of friends. This is important for insurance questions or legal issues around joint contracts. In many cases, friends and relatives are subjective and not subject-specific anyway. These instances can help you:

  • Insurance advisor or insurance broker: If you have questions about your insurance coverage or insurance contracts, you can contact the insurance advisors of the respective insurer. They help you to the products of this provider concretely. If you have your own insurance broker, he can assist you as part of his brokerage contract with advice after the divorce. It is also advisable to contact the broker during a divorce process or a separation year. This allows you to make important decisions about your insurance in advance.
  • Lawyer: There is hardly a divorce that is done without a lawyer. Since you are using this legal assistance anyway, you should seize the opportunity and consult your lawyer for help with insurance or contract issues. Many law firms also work with brokers or tax advisors so you can clarify other aspects of your lawyer.
  • Separation forums : If you feel overwhelmed with administrative issues, you can also get help on the Internet in appropriate forums. Note, however, that these advices are usually not legally binding, nor come from professionals. Forums should best be used to keep track of specific issues or to find out about specific questions in advance. When it comes to the concrete implementation, you should later trust your lawyer or the insurance broker or consultant. However, some decisions can not relieve you of these two instances. Thus, the forum remains in the network as a possible help with decision-making issues.
  • Associations, Associations and Support Groups : Support for legal or contractual issues can be provided by many different non-profit groups. For example, those who have children together receive support from associations for single parents. After a short research on the net, you will also find the right association or club in your area. Help can also be provided by church institutions after separations.