The period between separation and divorce is often underestimated—yet it is precisely during this time that important legal and financial decisions are made. Those who act rashly during the separation phase often create avoidable disadvantages for themselves in the subsequent divorce.
On this page, you’ll learn when the separation legally begins, what matters when it comes to housing, spousal support, and children, and how to properly document assets and debts. With a little preparation, you can also easily avoid the common mistakes made during this phase.
Many decisions made during the separation phase have far-reaching implications for the divorce proceedings. The Nagler Law Firm helps you set the right course early on—by providing a clear legal assessment of your specific situation.
We clarify when the separation legally counts and which deadlines begin to run as a result – so that no disadvantages arise.
Housing costs, loans, support, documents: We clarify the important points before moving out, so that no hasty step causes harm.
Even during the separation process, child support and spousal support for the non-custodial parent can become relevant. We will assess your situation early on.
A clear, preliminary arrangement regarding care and contact creates peace for the children and avoids later disputes.
Keep a record of account transactions, joint loans and major purchases: This will significantly simplify the division of assets later on.
What is settled during the separation process will be relevant in the divorce proceedings. We help create facts that will stand the test of time.
The legally relevant separation begins with the dissolution of the marital relationship—not necessarily only when the couple moves out of their shared home. The decisive factor is that they no longer share a household or lead a joint life. Under certain conditions, therefore, a separation is even conceivable while the couple remains living in the same home.
The date of separation is relevant to several issues, particularly time limits: A divorce by mutual consent generally requires that the marital relationship have been dissolved for at least six months. This date may also be relevant to issues of spousal support and property division.
It is rarely a single formal step that matters, but rather the structured approach to the separation: clear interim arrangements, transparent documentation, and objective communication. Taking a structured approach early on helps avoid problems later on.
The separation phase is rarely about making quick decisions, but rather about making wise strategic choices: Who moves out and when, how will housing costs and loans be covered, how will child custody be arranged—and how will assets be documented. The Nagler Law Firm helps you address these issues early on, establish viable provisional arrangements, and lay the groundwork for a solid foundation that will stand up in later divorce proceedings. This way, you can avoid unnecessary disadvantages—and stay on track during a stressful time.
Moving out of the shared home is one of the most significant steps during a separation—and should not be done without careful consideration. Before anyone moves out, the key issues should be resolved: child custody, ongoing housing costs, joint loans, and access to important documents. Moving out too hastily can weaken your negotiating position.
Of particular importance are the questions of who will remain in the apartment, how ongoing costs and loans will continue to be covered, and how childcare will be arranged. Access to documents and personal belongings should also be considered in advance.
The shared apartment or property is often a key issue in the subsequent division of assets. A hasty decision made during the separation phase can have far-reaching consequences. An early legal assessment provides clarity regarding the options.
Even without a final divorce decree, spousal support may already become an issue during the separation phase—both for the children and for the separated spouse. Anyone who waits too long or makes irregular payments risks confusion later on. An early, transparent agreement provides certainty for both parties.
Child support exists independently of divorce proceedings. The key factors are, in particular, the income of the parent obligated to pay support and the child care arrangement. Establishing clear guidelines from the outset helps avoid arrears and disputes.
Even a spouse who is living separately may, under certain conditions, be entitled to spousal support during the separation period. Whether this is the case and, if so, the amount of support, depends on the financial circumstances of both parties and should be assessed at an early stage.
The separation phase often feels chaotic, but it can be structured effectively. Those who take an organized approach lay a solid foundation for the subsequent divorce and avoid preventable disadvantages. The following points are particularly important:
The goal is an orderly separation that provides a clear and fair basis for a future divorce.
For children, their parents’ separation is a particularly sensitive time. A clear, temporary arrangement regarding custody and visitation provides stability and helps avoid future conflicts during the divorce proceedings. The focus is always on the best interests of the child. The more orderly the custody arrangements are from the very beginning of the separation, the easier it will be to find a viable solution later on.
Even during the separation phase, it's important to clarify how custody will be organized and how decisions concerning the child will be made. An amicable solution focused on the child's best interests is generally the best approach.
The parent with whom the child does not primarily live generally has a right to visitation. A reliable, predictable visitation arrangement provides security for both the child and both parents.
During the separation phase, future disadvantages often arise not from the separation itself, but from avoidable mistakes. Recurring patterns complicate the subsequent divorce and weaken one’s own position. The following issues are particularly common:
As early as the separation phase, assets and debts should be carefully documented. Bank account transactions, joint loans, and major purchases will be important later on for the division of assets. Taking a structured approach from the very beginning will make the subsequent divorce proceedings considerably easier and prevent the need to painstakingly reconstruct financial details later on.
The first step is to create a clear overview of joint and individual accounts, savings books, loans, and significant assets. This establishes a clear starting point.
Major account transactions, purchases, and payments during the separation should be clearly documented. This prevents later disputes about the whereabouts and use of assets.
When taking out joint loans, it's important to clarify early on who will be responsible for the payments. Here too, a clear and transparent agreement protects both parties.
Hasty transfers or major dispositions without legal assessment can have negative consequences later on. In case of doubt, early consultation is advisable.
Many decisions made during the separation phase have far-reaching implications for the divorce proceedings. By proceeding in an organized manner, you establish facts that will stand the test of time—rather than having to laboriously correct your position later on. It is therefore crucial to clarify early on which steps are sensible and which are more likely to be counterproductive.
Decisions regarding housing, spousal support, child care, and assets have particularly far-reaching consequences. What is settled and documented during the separation often forms the basis for a later amicable resolution.
Early legal assessment helps to set the right course, avoid preventable mistakes, and make the subsequent divorce – where possible – amicable and predictable.
For an orderly separation and a smooth divorce later on, complete documentation is of central importance. The better the key documents are prepared and financial transactions are documented, the easier it will be to settle issues related to child support, property division, and child custody later on. It’s not unusual for some documents to be missing—the key is to make sure you secure the specific pieces of evidence that will make the biggest difference.
Particularly important are the marriage certificate, registration certificates and – if applicable – any agreements that have already been made.
Relevant documents include rental or purchase agreements, land registry and loan documents, account statements, savings books, and proof of joint purchases.
For maintenance matters, current proof of income from both parties is important; in the case of children, additional information on the care situation is required.
If key documents are missing, it is advisable to take a structured approach: first identify the crucial documents and secure them systematically, rather than trying to gather everything at once in a haphazard manner.
Many people search for information on "separation before divorce," "when are you considered separated," "moving out after separation," or "alimony during separation." Here, we answer the most frequently asked questions from practical experience—clearly, understandably, and with a concrete next step, so you can quickly determine what makes sense in your situation.
The legally relevant separation begins with the dissolution of the marital relationship—that is, when the couple no longer shares a household or lives together. This does not necessarily require one spouse to move out. Under certain conditions, separation is even possible while living in the same residence.
No. Moving out should be carefully considered and should not take place without first clarifying issues regarding housing, living expenses, and child care. Moving out prematurely can have negative consequences, such as affecting your housing situation and the subsequent division of assets. It makes sense to address the key issues from a legal perspective in advance.
The six-month period for a divorce by mutual consent begins on the date of the actual dissolution of the marital relationship—regardless of whether one spouse has already moved out. The decisive factor is that the couple is no longer living together. This is precisely why it makes sense to document the date of separation in a clear and verifiable manner.
Yes, provisional child support for children and, if applicable, the separated spouse may become relevant as early as the separation phase—regardless of the divorce proceedings. The key factors are, in particular, the income of the party obligated to pay support and the child care situation. An early, transparent arrangement provides certainty.
A clear, temporary arrangement regarding custody and visitation provides stability for the children and helps prevent future conflicts. The focus is on the best interests of the child. A mutually agreed-upon, reliable solution during the separation phase generally also makes it easier to reach an agreement later in the divorce proceedings.
In the case of joint loans, it should be clarified early on who will pay the installments while the divorce is still pending. It is important to establish a clear arrangement that protects both parties and prevents future disputes. If in doubt, it is advisable to seek legal clarification as soon as possible.
The following documents are particularly helpful: marriage certificates, proof of residence, rental or loan documents, bank statements, and proof of income for both parties; for children, additional information regarding their care. The more complete these documents are and the better financial transactions are documented, the more smoothly alimony and the division of assets can be settled later on.
During the separation process, it’s rarely a single step that makes the difference—rather, it’s a matter of how systematically the groundwork is laid. Common causes of problems down the road include moving out too hastily, a lack of documentation, and unregulated payments. The Nagler Law Firm brings structure to your separation: We establish the effective date of the separation, clarify issues regarding the home, spousal support, and child-related matters, assist with documenting assets, and create provisional arrangements that hold up. This transforms a stressful phase into an orderly foundation for a divorce that is predictable and as amicable as possible.
Fenerica BlauschimmelAugust 2025A fantastic team. Highly competent and friendly. Very quick responses on the phone and always ready to listen. We will definitely contact you again if we have any further difficulties.
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TomMay 2025An extremely competent and reliable lawyer who took on my case with great dedication when others withdrew at short notice. I highly recommend him!
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We support you throughout the separation process in Austria with structure, experience, and a clear strategy. We quickly clarify when the separation is legally valid, what matters regarding housing, alimony, and children, and how to document assets – so you don't suffer any avoidable disadvantages. Based on this, we establish viable preliminary arrangements and set the course so that you don't remain in uncertainty, but rather achieve a predictable, ideally amicable divorce – consistently protected where necessary.
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