If you are not a German citizen and currently live here, the following regulations apply to you and your family:

• As a citizen of an EU country, you do not need a residence permit to stay in Germany. Separation or divorce also has no negative consequences for your right of residence.
• Family members of an EU citizen who do not themselves have EU citizenship generally require a residence permit. This is initially granted for a limited period (residence card). If the requirements are met, a permanent residence permit can be issued (permanent residence card). After a divorce, the right of residence may remain under certain conditions, e.g. if your marriage lasted three years and one of those years was spent in Germany.
• If you are a foreign national from outside the EU (third-country national), you also need a residence permit.

1. Depending on the reason for your stay, you may initially be granted a temporary residence permit.
2. Under certain conditions, such as being able to support yourself financially and having sufficient language skills, you can obtain a permanent residence permit (settlement permit) after a few years.

In all EU countries, family law decisions on matters of marriage, custody, and visitation rights are generally valid. Details are regulated by the Brussels II Regulation (Brussels IIb /2019).

You can file for divorce in Germany even if you do not have a German passport.
The family court will determine which law applies (in many cases, German law). However, if you come from a country outside the EU (third-country national), a divorce will not automatically be recognized in your country of origin.

The right of residence based on family reunification can be lost after a divorce in the first three years after moving to Germany. However, there are exceptions if, for example, you are the mother or father of a child with foreign citizenship.

Note: This information is intended to provide only a rough overview. Please remember that the immigration authorities must always examine each case individually.

Even without a German passport, you are generally entitled to social benefits such as parental allowance, child benefit, and advance maintenance payments.
Child allowance and unemployment benefit I have no negative impact on your right of residence.

If you receive long-term basic security benefits such as citizen's income, restrictions may apply under certain circumstances.

Asylum seekers (or tolerated persons) receive limited benefits under the Asylum Seekers Benefits Act and are therefore excluded from further benefits such as child benefit.

Be sure to seek advice on all these issues!