💶 Financial security after moving out
In brief
From the day of separation you can demand separation maintenance (Trennungsunterhalt, § 1361 BGB) from your (ex-)partner if you cannot cover your own living costs. If that is not enough or there is no partner able to pay, basic income support (Grundsicherungsgeld, SGB II) or – with somewhat higher income – housing benefit (Wohngeld) may apply; once you live apart you generally form a needs-based benefit unit (Bedarfsgemeinschaft) of your own, regardless of whether you are formally divorced yet. For children whose other parent pays no maintenance or pays irregularly, there is advance maintenance payment (Unterhaltsvorschuss) from the youth welfare office.
Step by step
- Document the date of separationRecord the date of physical/financial separation – it is relevant for, among other things, separation maintenance and tax class.
- Apply for benefitsApply for basic income support or housing benefit at the competent office; in acute need an urgent application or an application for an advance payment can make sense.
- Assert separation maintenanceAsk the (ex-)partner in writing to pay separation maintenance (this puts them in default), with legal support if applicable.
- Consider advance maintenance payments for childrenApply at the youth welfare office if the other parent pays no child maintenance or does not pay it regularly.
- Consider legal advice assistance/legal aidIf your income is low, apply for legal advice assistance (Beratungshilfe, out of court) or legal aid for family proceedings (Verfahrenskostenhilfe, in court).
Deadlines
- A joint account or a joint tenancy agreement does not end automatically with moving out – this should be clarified promptly and, if possible, by agreement or through a lawyer, so as not to be liable for the other person's obligations.
- For the Jobcenter to recognise a needs-based benefit unit of your own, the actual separation must be credibly shown – good documentation (change of registered address, separate accounts, witnesses) makes this easier.
- Housing benefit takes priority over basic income support if it would probably end the need for the people living in the household for at least three months – if in doubt, this should be clarified with the Jobcenter/housing benefit office.
In depth · legal basis, figures and practice – for advisers and professionals
Separation maintenance (§ 1361 BGB)
From the time of separation, spouses who cannot provide for their own living costs can demand separation maintenance from the other spouse. The amount depends on the marital standard of living and both parties' income. Under § 1613 BGB, retroactive maintenance is regularly owed only from the point of a request for payment or a request for information – a further reason to document the separation and the maintenance claim, if possible, in writing and promptly.
Needs-based benefit unit and own benefit (SGB II)
Under § 7 SGB II, (ex-)partners living apart no longer form a joint needs-based benefit unit; what is decisive is actually living apart, not formal marital status. In exceptional cases this also applies where the home is still shared, if the couple are recognisably living "separated from table and bed".
Children: advance maintenance payments and child maintenance
For the financial security of children after a separation – advance maintenance payments, enforcement of child maintenance, searching for housing as a single parent – the Wegweiser module for single parents offers in-depth topic pages of its own: Advance maintenance payments (UVG) and Enforcing child maintenance. This page deliberately restricts itself to the financial questions directly connected with moving out because of violence.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.