My residence permit depends on my marriage. What happens to it if we separate or divorce?

If you came through family reunification, your residence permit is initially tied to your marriage. The law (Residence Act, § 31 AufenthG) sets out spouses' own independent right of residence. This section applies to people whose spouse is a foreign national.

The basic rule: If your marital partnership lasted lawfully in Germany for at least 3 years, your permit is extended for 1 year independently of the marriage when you separate. The right also arises if your spouse died while you were living together. If your spouse has an EU Blue Card (Blaue Karte EU), 2 years in Germany plus at least 1 year living together in another EU country beforehand may be enough.

If 3 years haven't passed: The 3-year requirement is waived if needed to avoid particular hardship (besondere Härte). The law names in particular: if you can't be expected to continue the marriage, or if having to return to your country would seriously harm you. Being a victim of domestic violence is specifically recognised. The wellbeing of a child living with you is also taken into account.

Receiving social benefits (such as Bürgergeld) does not by itself prevent the extension. But if you depend on benefits through your own fault, the extension can be refused.

Every situation is different. If your spouse is a German citizen or your permit has another basis, different rules may apply. Before separating or going to the immigration office, talk to a free migration counselling service (MBE) or a lawyer. If you're experiencing violence, your safety comes first: 110 in an emergency, Hilfetelefon 116 016 for 24/7 support, including in Turkish.