Very few people think about taking care of joint insurances after a separation. A separation usually means a serious emotional breakup. While it is limited to the emotional life of unmarried couples, in the case of divorce, there are also financial and legal aspects to consider. To avoid legal problems with health insurance, for example, you should also pay a little attention to the topic of insurance in the context of separation.
The most important facts in brief
- Spouses who are covered by family health insurance must take out their own health insurance upon divorce.
- The pension equalization also takes into account private pension contracts.In many policies only one spouse is named as policyholder.
- In this case, there is no insurance cover for the unnamed partner after the divorce.
- For the new apartment, the existing household insurance covers both apartments for a certain period of time.
Health insurance: Observe compulsory insurance
If both spouses were employed, there was also automatically an independent health insurance policy. Depending on income or employment status, this may have been private or statutory.
If, however, one partner was co-insured with the other legally insured partner within the framework of family insurance, he or she must seek his or her own insurance coverage in the context of the divorce. If a professional activity ceases, the previously family-insured member continues as a voluntarily insured member and must pay the contributions himself/herself.
If one partner was not employed during the marriage and had private health insurance with the other partner, nothing changes initially. If a return to work occurs, whether private health insurance can remain depends on income and occupation. Possibly there is a compulsory insurance through the statutory health insurance.
Pension insurance and life insurance upon separation
Old-age provision plays a central role in a divorce. It is the norm for spouses to earn different levels of retirement benefits during marriage. Due to childhood and often later care of parents, women almost always have the lower pension entitlements. In the event of a divorce, equalization is achieved here within the framework of pension equalization. However, this legal provision only applies if a marriage contract does not provide for a different solution.
Not only the claims from the statutory pension insurance are included in the pension rights adjustment. The pension equalization takes into account all variants of old-age provision:
- Statutory pensions
- Company pension plan
- Riester pension
- Rurup pension
- Unsubsidized private pension or life insurance policies
In the case of annuity insurance and life insurance, a subscription right is usually registered in the event of the death of the insured person. The variant specified in the application is "The surviving spouse then living in a valid marriage is entitled to receive benefits."
It is possible, however, that a named beneficiary right has also been agreed upon. If in doubt, this must be checked and changed by the policyholder if necessary. Term life insurance policies issued on both spouses (linked lives) can be canceled in the event of a divorce, if both agree.
What happens to the insurance for the second car?
Both partners had a car. One of the two cars was insured as a second car. Theoretically, the spouse who drove the second car would have to be classified in the no-claims class for beginners after the divorce. However, it is possible for the policyholder to assign the existing no-claims bonus of the second car to the divorced spouse.
What happens to liability insurance?
Usually not both spouses are policyholders, but only one. Liability insurance, household insurance and legal expenses insurance automatically include the relatives living in the household. With the legally binding divorce decree, the insurance coverage for the ex-spouse not named in the contract ceases to apply. He should promptly take care of his own contract to have appropriate coverage in case of damage. Liability claims usually occur unplanned and without notice.
Other things to know about insurance after divorce
Separate dwellings are necessary and common in the case of divorce in advance. However, anyone looking for a new home will not be left without insurance cover for their household contents from one moment to the next. Within a transitional period, usually three months, the insurance coverage applies to both apartments. However, it is advisable to take care of your own policy as soon as possible.
If policies are transferred, if there is a change of name or if new bank details apply to existing policies, the insurer must be informed of this in writing. In case of name changes, policyholders should attach a copy of the document with the new name.