Separation in sight? 6 tips for married couples to plan wisely!

Separation in sight? 6 tips for married couples to plan wisely!

The decision to separate is often accompanied by emotional as well as legal challenges. Couples who find themselves in this difficult phase should keep some key points in mind to avoid later complications. Good planning and early regulations are crucial People's voice reported.

An important step is **planning the move out**. If one partner leaves the shared apartment, a spontaneous move out can secure the right to use the property for the remaining partner. In order to be able to claim the apartment later, the person moving out must make it clear within six months that they want to return. Given the tight housing market, we recommend looking for an apartment early. It should also be noted that speculation tax may be due when leaving your home.

Important documents and claims

When moving out, it is advisable to pack **personal documents** and take important documents such as ID and pension papers with you. Another aspect that should not be neglected is applying for **maintenance**. Separation maintenance must be actively claimed in order to avoid retroactive payments. Couples can either demand a specific amount or issue a step-by-step reminder to register their claim.

Additionally, couples have the option to **deduct maintenance from taxes**. Maintenance for separated or divorced partners can be deducted as an extraordinary burden or special expense, although different requirements apply to both options.

Insurance and powers of attorney

It is also important to change the **insurance eligibility** to prevent the ex-partner from continuing to be listed as the beneficiary. In this context, **powers of attorney** should also be revoked in order to remove the ex-partner's decision-making authority. This applies in particular to health care powers of attorney and living wills.

Another legal component that is often overlooked is **usage compensation**. This represents financial compensation for the housing benefit that the spouse remaining in the property enjoys during the separation. The partner who has moved out is usually entitled to compensation for use if he or she has to look for and finance new accommodation while the other partner remains in the shared property rent-free. As the Hasselbach law firm explains, the claim to compensation for use is not part of the maintenance or compensation for gains.

In order to claim compensation for use, several conditions must be met, including the final separation of the spouses and the transfer of the marital home to the remaining partner. It is also important that the housing advantage is not taken into account when determining maintenance obligations. In addition, the claim must be expressly asserted and the amount of compensation is based on the objective rental value of the property.

In order to avoid disputes after the divorce, the use of the property should be clearly regulated in the contract. A significant advantage for the partner remaining in the property is that he can avoid paying the compensation for use by offering the ex-partner to return to the property.