Judgments
Divorcing couple is considered separated despite sharing an apartment
According to the court, a personal relationship between the spouses no longer existed (symbolic image). photo
© Martin Gerten/dpa
Are couples who want to divorce considered living separately even if they still live under the same roof? The Frankfurt Higher Regional Court dealt with this question.
Couples who want to divorce can be considered living separately even if they live together. That has that Frankfurt am Main Higher Regional Court (OLG) stated (ref.: 1 UF 160/23): It is sufficient “if the spouses lived separately within the marital home”. What is essential is a “maximum degree of separation appropriate to the spatial situation”. This includes, among other things, sleeping separately or no longer having any significant personal relationships.
Living together or a “friendly, decent and sensible relationship between the spouses” does not prevent the acceptance of a separation – especially if there are children living in the household, it said. The Senate explained that how children deal with the separation often depends heavily on the behavior of their parents. A “polite interaction and shared meals with the children” would not conflict with the acceptance of a separate life.
Obligation to provide information about separation assets
The reason was the mutual obligation to provide information about a couple’s ability to separate. The two spouses had stated different separation dates in their applications. Because of their three underage children, the two were still living under the same roof at the time of their separation. According to the court, the husband used a “sleeping area and a bathroom in the basement” within the shared house. However, there was no longer a personal relationship between the spouses.
The Frankfurt District Court had previously taken into account the later date of separation stated by the husband. The wife did not agree to this and filed a complaint against it. The Higher Regional Court now agreed with her decision. The decision cannot be appealed.
If a couple files for divorce, both spouses can request information from each other about their assets at the time of separation (§ 1379 BGB). This regulation is intended to ensure that none of the partners manipulate assets that are relevant for the calculation of train winnings claims.