Less divorces

(verpd) Last year, fewer couples were divorced than in each of the past 20 years. However, it is important for those affected not only to think about the division of property and assets, but also about their own insurance cover. In some areas, divorce can create existential gaps in coverage. In 2015, around 163,300 married couples were divorced in Germany. That was around 1.7 percent less than in the previous year. Most divorces, just under 214,000, were in 2003 – 31 percent more than in 2015. Since 2003, however, the number of divorces is steadily declining. On average, marriages divorced in 2015 last 14 years and close to eleven months. Thus, the trend of recent years continues, that the average marriage duration continues to increase until the divorce. This is evident from a recent statistic of the Federal Statistical Office. In comparison to 20 years ago, in 2015, marriages lasted two years and ten months longer until divorce, because in 1995, the average marriage time to divorce was exactly twelve years and one month. As in previous years, most divorce applications were made by women. In 2015, 51 percent of women submitted cases, and 41 percent of men filed for divorce. In eight percent, the divorce was applied for jointly by both spouses. This is evident from current data of the Federal Statistical Office.

At a breakup

In a divorce, not only change the living conditions, because, for example, a partner moves out of the community apartment and therefore also changes the household income per spouse. In many cases, divorce also affects existing insurance coverage. A household insurance usually applies to the inventory of both (spouse) partners, as long as they live in the same apartment. If a spouse moves to another flat, it must be clarified whether the existing household policy should continue for the remaining partner in the flat or whether the cover should be transferred to the new flat. Among other things, this depends on who is registered as policyholder in the policy. Depending on this, the person who was not previously the policyholder, must complete a new household policy for his current apartment. If the policyholder moves the previous home contents insurance to another flat, he can adjust the sum insured according to his changed housing situation.

Car insurance and personal liability insurance

Even with motor liability insurance, it is important who is the policyholder in the policy. He owns the non-pecuniary discount (SFR) on which the contract is based. However, if the owner of the vehicle after the separation is the partner and is also driven by the latter, he must conclude his own contract. Although the SFR can be transferred to the divorced spouse under certain conditions, the previous policyholder must agree to this. If there is a private liability insurance for a spouse, the spouse is usually insured automatically as well. In a divorce, the coinsurance of the spouse ends. The same applies to a private law protection insurance. Children who were previously insured in a private liability or legal protection policy of a spouse, remain it usually continue. To continue to be insured, the spouse, who was previously not an insured, must conclude his own private liability and / or legal protection insurance contract. The personal liability insurance policy is one of the most important insurances, as anyone who unintentionally damages another person, for example as a visitor, pedestrian or cyclist, has unlimited liability. A private liability policy, however, assumes such damages.

When statutory health insurance must act

For the spouse, who is covered by statutory health insurance due to his job, nothing changes even after a divorce. For spouses who belong to the statutory health insurance (GKV) through the free family co-insurance and who also do not have employment subject to social insurance after the divorce, the protection of the SHI ends with the divorce. However, they have within three months of legal force of divorce the opportunity to join a monthly contribution to the SHI. The previous health insurance must take them. For the children who have been co-insured, it is possible to freely choose which parent they should be insured with in the GKV.

What privately insured persons should pay attention

In the case of a private health insurance (PKV), a contribution is to be paid in principle for each insured person. If, in the case of a health insurance policy, the insured person is also the policyholder, nothing changes in the event of a separation. However, if a spouse is not the policyholder, but only the insured person, the policyholder may terminate the contract that relates to his previous spouse. However, this is only possible if the policyholder proves that the insured person is aware of this. In the event of termination, the insured person can apply for continued insurance within a separate health insurance policy within two months. A change to a GKV is only possible under certain circumstances. In order to avoid any gaps in health insurance protection, it makes sense to look at how and where one is insured before the divorce decree.

Changes to the life, accident and / or pension insurance

In some life and accident insurance contracts, in the case of the death of the insured person, the previous spouse is named by name. In this case, even after the divorce, the named person would receive the insurance benefit. If you do not want that, you can change this as a policyholder at any time. Only if the subscription entitlement has been specified as “irrevocable” does the policyholder need the written consent of the previous beneficiary for a change. If only the spouse without a name is mentioned as the beneficiary and this was not changed in a divorce, it may be in the benefit case that after a remarriage not the current, but the divorced spouse gets the benefit, including a judgment of the Federal Court (Az .: ZR 437/14). Whether and how the capital accumulated so far in the case of a life and / or annuity insurance is distributed in a divorce depends on various factors, such as the type of insurance contract and the matrimonial property regime.

Inform to avoid difficulties

In principle, it is advisable to be advised of a separation before the legal divorce by an insurance specialist. On the one hand, other insurance policies can be affected by the divorce, on the other hand it is important to ensure that the divorce does not lead to gaps in the coverage of existential risks. In order to ensure that important documents such as existing insurance policies are not “lost” during a separation, everyone should check whether they have complete access to important documents. If a spouse leaves home, this should be reported immediately to any insurer with an insurance policy. If the bank details of a spouse change from which insurance premiums have already been deducted, the new bank details must be provided to the respective insurers. Thus, a non-payment of premiums and reminder costs to the loss of insurance coverage can be prevented.

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