For migrants this step often decides more than the divorce itself. A residence right acquired through marriage is tied to the marriage — but not forever. The threshold is three years of marital union lawfully in Germany. Know where you stand against it BEFORE the year apart begins.
Residence after divorce: the three-year rule
If your residence permit came through marriage, divorce affects it. The law grants an independent right of residence once the marital union lasted at least three years in Germany.
✓ Verified: 15/08/2026
WHAT TO DO
AUTHORITY
Ausländerbehörde (ABH)
Municipal authorityThe Ausländerbehörde for your registered address is the one responsible. Enter your postcode and we will show yours.
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› Details and tips
👨🏻💻
Max recommends:
I counted the three years from the wedding and was eight months out — it runs from moving to Germany. Lucky I checked before filing rather than after.
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Lea recommends:
From experience: secure proof of living together early — joint registration, contracts in both names, dated photos. After moving out it gets far harder to collect.
FREQUENTLY ASKED QUESTIONS
Does divorce automatically end my permit? ▾
No. The law extends the residence right as an independent one where the marital union lawfully existed in Germany for at least three years. It is granted for one year first, then extended on ordinary grounds — work, income, insurance.
What if we are short of three years? ▾
A hardship provision exists: the law expressly covers situations where returning would seriously harm protected interests, including violence within the marriage. This is not automatic but a case-by-case decision on evidence — and not a step to take without a lawyer.
Does a marriage concluded abroad count? ▾
The marriage is recognised, but the three years are measured by living together in Germany, not by the date on the certificate. Years spent together before moving here do not count towards it.
Do I have to report the separation? ▾
Yes. The end of the marital union is a fact the authority must know. Silence does not preserve your status: the question arrives at the next extension anyway, but then with the suspicion of concealment.