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Residence after divorce
Here you can find out everything about your residency options if you divorce your spouse in Germany.
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whether you are allowed to continue to stay in Germany after a divorce
whether the spouse visa expires automatically after a divorce
How to apply for divorce residence permit at the immigration office
when you can obtain a permanent residence permit after a divorce
1. Visa situation after a divorce
2. Requirement for divorce visa
3. Application for divorce visa
4. Child’s right of residence after divorce
5. Residence permit after divorce
6. FAQ Divorce Visa
7. Conclusion
1. Visa situation after a divorce
The spouse visa allows foreign spouses to live in Germany as part of family reunification with their German spouse or a foreign spouse living in Germany. A key principle of this visa is the continued existence of the marriage. However, in the event of a separation or divorce , the visa does not automatically become invalid but can be revoked or withdrawn. Furthermore, an extension is not possible without an existing marriage . This presents many foreign spouses with significant challenges, as their stay in Germany is often tied to the continued existence of the marriage.
However, there is a solution to this problem: Under certain conditions, a foreign spouse can remain in Germany even after a divorce . The so-called independent right of residence under Section 31 of the Residence Act allows those affected to apply for their own visa. In this article, you will learn what requirements must be met for this right of residence and what steps are necessary to remain in Germany even after a divorce.
2. Requirement for divorce visa
According to Section 31 of the Residence Act, a spouse's residence permit is extended as an independent right of residence for a period of one year after the dissolution of the marital partnership, provided that the marital partnership existed legally in Germany for at least three years and the foreign spouse held a residence permit during this time. A divorce visa therefore requires that the spouses were married in Germany for at least three years and that the spouse held a residence permit during this period.
What happens if I have not been married in Germany for three years?
The required period of time during which you must have been married can, however, be reduced under certain circumstances. This applies, for example, if your spouse has died (in which case no prior marriage period is required) or if your spouse holds a Blue Card (in which case a marriage in another EU country can be credited for up to one year, Section 31 Paragraph 1a of the Residence Act). Due to the so-called "standstill clause", Turkish nationals also only need to prove that the marriage has lasted for two years. What is particularly relevant in practice is that the three-year marriage requirement can be waived if there is " particular hardship " (Section 31 Paragraph 2 of the Residence Act).
What is “particular hardship”?
According to the administrative instructions in Berlin, particular hardship exists in particular if
if the marriage is invalid or has been annulled under German law due to the spouse being a minor at the time of the marriage, or
if the spouse is threatened with a significant impairment of his or her legitimate interests due to the obligation to return resulting from the dissolution of the marital partnership, or
if it is unreasonable for the spouse to continue to maintain the marital relationship due to the impairment of his or her legitimate interests.
A particular hardship exists if you cannot reasonably be expected to continue your marriage. This is especially likely if you (or your child) have been victims of domestic violence . Therefore, if you or your child are being abused ( psychologically or physically ) in the marriage, you can separate and then apply for a divorce visa without having previously been married in Germany for three years.
3. Application for divorce visa
If you are divorced from your spouse or are still in the process of getting a divorce and meet the above requirements, you can apply for a divorce visa at your local immigration office . The application process is essentially the same as for other residence permits. In most cases, you simply need to upload the relevant documents to the office or submit them by email or contact form. Generally, you must submit official documents, such as the relevant court judgment (or court order), as proof of your divorce.
4. Child’s right of residence after divorce
The question of how the right of residence is structured after a divorce is particularly relevant in practice if the divorced spouse has a child to support . In this case, the ability to provide for one's own livelihood must be fully examined; the (possibly unemployed) spouse must therefore provide for themselves and their child after the divorce in order to obtain a right of residence (general livelihood).
However, according to the administrative instructions in Berlin (VAB), caring for children constitutes an exception to the rule regarding securing a livelihood. Such an exception applies if the family cannot reasonably be maintained abroad. In such a case, the lack of secure livelihood does not prevent the extension of the residence permit.
5. Residence permit after divorce
After a divorce, foreign nationals can be granted not only a regular temporary residence permit but even a settlement permit . If, after the dissolution of the marital partnership, the spouse's livelihood is secured through maintenance payments from the foreign national's own resources, and the foreign national has a settlement permit or a permanent residence permit – EU, the spouse must also be granted a settlement permit.
Maintenance is guaranteed if the foreign national with primary entitlement fulfills their statutory maintenance obligation. This requires that an existing maintenance obligation is actually met from the foreign national with primary entitlement's own resources. A mere existing but unenforceable maintenance obligation, or one that is not covered by the spouse with primary entitlement's own resources, is not sufficient. Additional resources of the affected spouse, in particular a sustainable income of their own, may be taken into account when assessing maintenance.
6. FAQ Divorce Visa
What happens to my visa after a divorce?
After a divorce, the spouse visa initially remains valid. However, it can be revoked or not renewed because it is tied to the continued existence of the marriage.
Can I stay in Germany after the divorce?
Yes, under certain conditions an independent right of residence can be applied for in accordance with Section 31 of the Residence Act.
What requirements do I have to meet to obtain independent residency rights after a divorce?
The marital partnership must have existed legally in Germany for at least three years, and the spouse must have held a residence permit during this time.
Are there any exceptions to the three-year marriage period?
Yes, the period can be reduced, for example, if the spouse has died or if there are particular hardships (Section 31 (2) of the Residence Act).
What is considered “particular hardship” for the right of residence after divorce?
Particular hardship exists in particular if continuing the marriage is unreasonable, for example in the case of domestic violence or if the obligation to return entails significant disadvantages.
Can I get a permanent residence permit after the divorce?
Yes, if your livelihood is secured through your own resources or maintenance payments and certain other requirements are met.
7. Conclusion
Foreign spouses can obtain their own residence permit under Section 31 of the Residence Act after a divorce in Germany under certain conditions. This is generally required to have been married for at least three years. In special cases—for example, in cases of domestic violence or when caring for a child—a residence permit may be granted earlier.
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Further Information
List of Sources (Paywall)
[1] Bergmann / Dienelt, Aliens Law, 15th edition 2025, § 31